RE POON CHEE FONG

RE POON CHEE FONG

Under Hong Kong law the singular term 'nominee' does not preclude appointment of joint nominees because Cap.1 permits singular to include plural and the Bankruptcy Rules contemplate multiple nominees; and on the facts Mr Wu demonstrated sufficient experience and qualification for these cases and therefore the court...

Source-derived case information.

Citation
RE POON CHEE FONG
Parties
Applicant (debtor): Shek Wai Man; Applicant (debtor): Wan Fong Hung; Applicant (debtor): Poon Chee Fong; Applicant (debtor): Liu Man Yee; Proposed Nominee: Wu Yan Mo, Wilfred; Proposed Nominee: Yu Tak Yee, Beryl; Official Receiver / Amicus Curiae: Official Receiver; Registrar (judge): Christopher C. Chan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2003
Case Number
HCBI1219/2003
Procedural Posture
Bankruptcy Proceedings Interim Order Application for Individual Voluntary Arrangements / Hearing on Appointment of Nominees and Interim Order Applications; Decision Delivered on Nominee Issues; One Hearing Adjourned to 29 August 2003
Outcome
Court permitted appointment of joint nominees and approved appointment of Mr Wu Yan Mo and Ms Yu Tak Yee as joint nominees for the four individual voluntary arrangements; hearing in HCBI 1027 adjourned to 29 August 2003 for remaining issues.
Legal Topics
Individual Voluntary Arrangement, Nominee Appointment, Statutory Interpretation (singular/plural), Qualification of Insolvency Practitioners
Source Language
en
Bankruptcy Insolvency Law Civil Procedure Individual Voluntary Arrangement Nominee Appointment Statutory Interpretation (singular/plural) Qualification of Insolvency Practitioners

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Parties

Shek Wai Man

Applicant (debtor)

Wan Fong Hung

Applicant (debtor)

Poon Chee Fong

Applicant (debtor)

Liu Man Yee

Applicant (debtor)

Wu Yan Mo, Wilfred

Proposed Nominee

Yu Tak Yee, Beryl

Proposed Nominee

Official Receiver

Official Receiver / Amicus Curiae

Christopher C. Chan

Registrar (judge)

Procedural Posture

Bankruptcy Proceedings Interim Order Application for Individual Voluntary Arrangements / Hearing on Appointment of Nominees and Interim Order Applications; Decision Delivered on Nominee Issues; One Hearing Adjourned to 29 August 2003

Legal Issues

  1. 1 Whether two or more persons can be appointed as joint nominees under the Bankruptcy Ordinance
  2. 2 Whether Mr Wu Yan Mo is a suitable person to be appointed as nominee in the four individual voluntary arrangements

Ratio Decidendi

Under Hong Kong law the singular term 'nominee' does not preclude appointment of joint nominees because Cap.1 permits singular to include plural and the Bankruptcy Rules contemplate multiple nominees; and on the facts Mr Wu demonstrated sufficient experience and qualification for these cases and therefore the court did not object to appointing Mr Wu and Ms Yu as joint nominees for the four individual voluntary arrangements.

Court Disposition

Court permitted appointment of joint nominees and approved appointment of Mr Wu Yan Mo and Ms Yu Tak Yee as joint nominees for the four individual voluntary arrangements; hearing in HCBI 1027 adjourned to 29 August 2003 for remaining issues.

Orders

  • No objection to the appointment of Mr Wu Yan Mo (Wilfred) and Ms Yu Tak Yee (Beryl) as joint nominees in HCBI 1026 of 2003, HCBI 1027 of 2003, HCBI 1219 of 2003 and HCBI 1233 of 2003
  • Hearing in HCBI 1027 of 2003 adjourned to 29 August 2003 for matters other than the nominee appointment