LI XIAO YI AND ANOTHER v. ALAN CHUNG WAH TANG and HOU CHUNG MAN (JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF THE BANKRUPT)

LI XIAO YI AND ANOTHER v. ALAN CHUNG WAH TANG and HOU CHUNG MAN (JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF THE BANKRUPT)

Both discovery summonses were dismissed because the applicants lacked a legitimate interest or standing to obtain discovery or to impugn the administration of the bankrupt estate; being relatives and not creditors they are strangers to the estate and cannot use compulsory discovery to probe funding arrangements despite s42 applying broadly.

Citation
[2018] HKCFI 939
Parties
1st Applicant: Li Xiao Yi; 2nd Applicant: Lelalertsuphakun Surasak; Respondent (joint and Several Trustee): Alan Chung Wah Tang; Respondent (joint and Several Trustee): Hou Chung Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2018
Case Number
HCB345/2001
Procedural Posture
Bankruptcy Proceedings / Interlocutory Applications for Non Party and Specific Discovery and a Pending Removal Application Under S96(2)
Outcome
Summonses for discovery dismissed
Legal Topics
Non Party Discovery, Specific Discovery, Removal of Trustee, Standing/legitimate Interest, Funding of Estate, Section 29 Examination, Section 96(2) Bankruptcy Ordinance, Section 42 High Court Ordinance
Source Language
EN
Bankruptcy Civil Procedure Inherent Jurisdiction Contempt Non Party Discovery Specific Discovery Removal of Trustee Standing/legitimate Interest +4 more

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Parties

Li Xiao Yi

1st Applicant

Lelalertsuphakun Surasak

2nd Applicant

Alan Chung Wah Tang

Respondent (joint and Several Trustee)

Hou Chung Man

Respondent (joint and Several Trustee)

Procedural Posture

Bankruptcy Proceedings / Interlocutory Applications for Non Party and Specific Discovery and a Pending Removal Application Under S96(2)

Legal Issues

  1. 1 Whether the applicants have a legitimate interest/standing to obtain discovery from the trustees and third parties
  2. 2 Whether the applicants have standing to seek removal of the trustees under s96(2) of the Bankruptcy Ordinance
  3. 3 Whether s42 High Court Ordinance applies to removal proceedings and non-party discovery

Ratio Decidendi

Both discovery summonses were dismissed because the applicants lacked a legitimate interest or standing to obtain discovery or to impugn the administration of the bankrupt estate; being relatives and not creditors they are strangers to the estate and cannot use compulsory discovery to probe funding arrangements despite s42 applying broadly.

Court Disposition

Summonses for discovery dismissed

Orders

  • Both summonses for discovery dismissed with costs on a nisi basis