ALAN CHUNG WAH TANG AND ANOTHER v. LEE SIU FUNG, SIEGFRIED AND OTHERS

ALAN CHUNG WAH TANG AND ANOTHER v. LEE SIU FUNG, SIEGFRIED AND OTHERS

An order for private examination under s29 was appropriate against the discharged bankrupt because (1) the trustee demonstrated the information sought was reasonably required for administration of the estate, (2) there was a prima facie case the 1st respondent could supply the information, (3) service at addresses used by the respondent in public filings was valid, and (4) delay did not bar the application given explanation and continuing investigatory need.

Citation
ALAN CHUNG WAH TANG AND ANOTHER v. LEE SIU FUNG, SIEGFRIED AND OTHERS
Parties
Applicant (joint and Several Trustee in Bankruptcy): Alan Chung Wah Tang; Applicant (joint and Several Trustee in Bankruptcy): Hou Chung Man; 1st Respondent (discharged Bankrupt): Lee Siu Fung, Siegfried; 2nd Respondent: Li Xiao Yi; 3rd Respondent: Lelalertsuphakun Surasak
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 October 2016
Case Number
HCB345/2001
Procedural Posture
Bankruptcy (private Examination Under S29) / Chambers Hearing on Summons for Private Examination (application Heard and Decision Given)
Outcome
Summons for private examination granted against the 1st respondent; application as against 2nd and 3rd respondents adjourned and directions given
Legal Topics
Private Examination Under S29, Automatic Discharge, Trustee Investigatory Powers, Service of Process, Insider Dealing Findings, Asset Concealment and Nominee Accounts, Disclosure of Intellectual Property Royalties
Source Language
EN
Bankruptcy Insolvency Civil Procedure Company Law Securities Law Private Examination Under S29 Automatic Discharge Trustee Investigatory Powers +4 more

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Parties

Alan Chung Wah Tang

Applicant (joint and Several Trustee in Bankruptcy)

Hou Chung Man

Applicant (joint and Several Trustee in Bankruptcy)

Lee Siu Fung, Siegfried

1st Respondent (discharged Bankrupt)

Li Xiao Yi

2nd Respondent

Lelalertsuphakun Surasak

3rd Respondent

Procedural Posture

Bankruptcy (private Examination Under S29) / Chambers Hearing on Summons for Private Examination (application Heard and Decision Given)

Legal Issues

  1. 1 Whether a discharged bankrupt can be ordered to attend private examination under s29
  2. 2 Whether the trustees have established that the information and documents sought are reasonably required
  3. 3 Whether there is a prima facie case that the respondent can provide the information

Ratio Decidendi

An order for private examination under s29 was appropriate against the discharged bankrupt because (1) the trustee demonstrated the information sought was reasonably required for administration of the estate, (2) there was a prima facie case the 1st respondent could supply the information, (3) service at addresses used by the respondent in public filings was valid, and (4) delay did not bar the application given explanation and continuing investigatory need.

Court Disposition

Summons for private examination granted against the 1st respondent; application as against 2nd and 3rd respondents adjourned and directions given

Orders

  • Order made for private examination of the 1st respondent pursuant to s29 of the Bankruptcy Ordinance
  • Application adjourned as to the 2nd and 3rd respondents with directions for further conduct