RE SHEK WAI MAN

RE SHEK WAI MAN

The court held that Hong Kong law permits two or more persons to be appointed jointly as nominees and that a person who is not a certified public accountant or solicitor may be appointed a nominee if, on a case‑by‑case assessment, the court is satisfied he has sufficient experience and qualifications to discharge the nominee's duties; accordingly Mr. Wu was fit to be appointed jointly with Ms. Yu for these four IVAs where supervisory duties only were required.

Citation
RE SHEK WAI MAN
Parties
Debtor/applicant: Shek Wai Man; Debtor/applicant: Wan Fong Hung; Debtor/applicant: Poon Chee Fong; Debtor/applicant: Liu Man Yee; Proposed Nominee: Wu Yan Mo, Wilfred; Proposed Nominee: Yu Tak Yee, Beryl; Official Receiver/amicus Curiae: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2003
Case Number
HCBI1026/2003
Procedural Posture
Bankruptcy Interim Order Application for Individual Voluntary Arrangements / Hearing on Appointment of Nominee(s); Interim Matters (adjournment of One Hearing to 29 Aug 2003)
Outcome
Court declined to object to appointment of Mr. Wu Yan Mo and Ms. Yu Tak Yee as joint nominees for the four individual voluntary arrangements and found appointment of joint nominees permissible under Hong Kong law.
Legal Topics
Individual Voluntary Arrangement, Nominee Appointment, Qualification of Insolvency Practitioners, Interpretation of Singular/plural in Statutes
Source Language
EN
Bankruptcy Insolvency Statutory Interpretation Civil Procedure Individual Voluntary Arrangement Nominee Appointment Qualification of Insolvency Practitioners Interpretation of Singular/plural in Statutes

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Parties

Shek Wai Man

Debtor/applicant

Wan Fong Hung

Debtor/applicant

Poon Chee Fong

Debtor/applicant

Liu Man Yee

Debtor/applicant

Wu Yan Mo, Wilfred

Proposed Nominee

Yu Tak Yee, Beryl

Proposed Nominee

Official Receiver

Official Receiver/amicus Curiae

Procedural Posture

Bankruptcy Interim Order Application for Individual Voluntary Arrangements / Hearing on Appointment of Nominee(s); Interim Matters (adjournment of One Hearing to 29 Aug 2003)

Legal Issues

  1. 1 Whether two or more persons can be appointed as joint nominees for an individual voluntary arrangement
  2. 2 Whether Mr. Wu Yan Mo is a suitable person to be appointed as nominee given he is not a certified public accountant or solicitor
  3. 3 What qualifications and experience the court must require when appointing a nominee

Ratio Decidendi

The court held that Hong Kong law permits two or more persons to be appointed jointly as nominees and that a person who is not a certified public accountant or solicitor may be appointed a nominee if, on a case‑by‑case assessment, the court is satisfied he has sufficient experience and qualifications to discharge the nominee's duties; accordingly Mr. Wu was fit to be appointed jointly with Ms. Yu for these four IVAs where supervisory duties only were required.

Court Disposition

Court declined to object to appointment of Mr. Wu Yan Mo and Ms. Yu Tak Yee as joint nominees for the four individual voluntary arrangements and found appointment of joint nominees permissible under Hong Kong law.

Orders

  • No objection to the appointment of Mr. Wu Yan Mo, Wilfred and Ms. Yu Tak Yee, Beryl as joint nominees for HCBI 1026 of 2003, HCBI 1027 of 2003, HCBI 1219 of 2003 and HCBI 1233 of 2003
  • HCBI 1027 of 2003 hearing adjourned to 29 August 2003 (by consent) except for the nominee appointment issue which was determined)