RE WAN FONG HUNG

RE WAN FONG HUNG

The court held that statutory language and the Rules permit appointment of joint nominees and that, on the evidence, Mr. Wu demonstrated sufficient experience and qualification to act as nominee for these composition-type individual voluntary arrangements; consequently the court raised no objection to appointing Mr. Wu and Ms. Yu as joint nominees in the four cases.

Citation
RE WAN FONG HUNG
Parties
Applicant / Debtor (hcbi 1026 of 2003): Shek Wai Man; Applicant / Debtor (hcbi 1027 of 2003): Wan Fong Hung; Applicant / Debtor (hcbi 1219 of 2003): Poon Chee Fong; Applicant / Debtor (hcbi 1233 of 2003): Liu Man Yee; Proposed Nominee: Wu Yan Mo, Wilfred; Proposed Nominee: Yu Tak Yee, Beryl; Amicus Curiae / Official Receiver: Official Receiver's Office (represented)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2003
Case Number
HCBI1027/2003
Procedural Posture
Bankruptcy (individual Voluntary Arrangement) / Interim Order Application Hearing and Determination on Nominee Appointment
Outcome
Court permitted appointment of joint nominees and raised no objection to appointment of Mr. Wu Yan Mo and Ms. Yu Tak Yee as joint nominees for the four individual voluntary arrangements
Legal Topics
Individual Voluntary Arrangement, Nominee Appointment, Eligibility of Insolvency Practitioners, Interpretation of Singular/plural in Statute
Source Language
EN
Bankruptcy Insolvency Statutory Interpretation Professional Regulation Individual Voluntary Arrangement Nominee Appointment Eligibility of Insolvency Practitioners Interpretation of Singular/plural in Statute

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Parties

Shek Wai Man

Applicant / Debtor (hcbi 1026 of 2003)

Wan Fong Hung

Applicant / Debtor (hcbi 1027 of 2003)

Poon Chee Fong

Applicant / Debtor (hcbi 1219 of 2003)

Liu Man Yee

Applicant / Debtor (hcbi 1233 of 2003)

Wu Yan Mo, Wilfred

Proposed Nominee

Yu Tak Yee, Beryl

Proposed Nominee

Official Receiver's Office (represented)

Amicus Curiae / Official Receiver

Procedural Posture

Bankruptcy (individual Voluntary Arrangement) / Interim Order Application Hearing and Determination on Nominee Appointment

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 despite not being a certified public accountant or solicitor

Ratio Decidendi

The court held that statutory language and the Rules permit appointment of joint nominees and that, on the evidence, Mr. Wu demonstrated sufficient experience and qualification to act as nominee for these composition-type individual voluntary arrangements; consequently the court raised no objection to appointing Mr. Wu and Ms. Yu as joint nominees in the four cases.

Court Disposition

Court permitted appointment of joint nominees and raised no objection to appointment of Mr. Wu Yan Mo and Ms. Yu Tak Yee as joint nominees for the four individual voluntary arrangements

Orders

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