IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND OTHERS

IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND OTHERS

Apply Hong Kong authorities (Kong Wah Holdings and Nanik Dayaram), not Singularis; order production under section 29 to be complied with within two months; deny costs to respondents except reasonable photocopying charges to be paid out of the bankrupt's estate; no order for costs against Ms Wong; costs of the hearing to be borne by Mr Tang and Ms Hou and summarily assessed at HKD 5,000.

Citation
IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND OTHERS
Parties
Applicant (joint and Several Trustee in Bankruptcy): IP PUI LAM ARTHUR; Applicant (joint and Several Trustee in Bankruptcy): IP PUI SUM; 1st Respondent: ALAN CHUNG WAH TANG; 1st Respondent: ALISON WONG LEE FUNG YING; 2nd Respondent: ALAN CHUNG WAH TANG; 2nd Respondent: HOU CHUNG MAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 April 2017
Case Number
HCB3819/2011
Procedural Posture
Bankruptcy Proceedings (application Under Section 29 Bankruptcy Ordinance) / Chambers Hearing and Decision on Summons for Production of Documents and Costs (hearing 7 April 2017; Decision 7 April 2017)
Outcome
Production order granted with timetable and limited costs orders as per Hong Kong authority; Singularis rejected as a binding precedent in this context.
Legal Topics
Production of Documents, Section 29 Bankruptcy Ordinance, Bankruptcy Rules R.87 C, Pre Summons Correspondence, Third Party Compliance Costs
Source Language
EN
Bankruptcy Insolvency Civil Procedure Costs Production of Documents Section 29 Bankruptcy Ordinance Bankruptcy Rules R.87 C Pre Summons Correspondence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

IP PUI LAM ARTHUR

Applicant (joint and Several Trustee in Bankruptcy)

IP PUI SUM

Applicant (joint and Several Trustee in Bankruptcy)

ALAN CHUNG WAH TANG

1st Respondent

ALISON WONG LEE FUNG YING

1st Respondent

ALAN CHUNG WAH TANG

2nd Respondent

HOU CHUNG MAN

2nd Respondent

Procedural Posture

Bankruptcy Proceedings (application Under Section 29 Bankruptcy Ordinance) / Chambers Hearing and Decision on Summons for Production of Documents and Costs (hearing 7 April 2017; Decision 7 April 2017)

Legal Issues

  1. 1 Whether respondents should be ordered to produce documents and within what time frame
  2. 2 Whether respondents are entitled to costs for complying with a production order and whether such costs may be paid out of the bankrupt's estate under rule 87C
  3. 3 Whether the applicant trustees must pay third parties reasonable costs of compliance (reliance on Singularis)

Ratio Decidendi

Apply Hong Kong authorities (Kong Wah Holdings and Nanik Dayaram), not Singularis; order production under section 29 to be complied with within two months; deny costs to respondents except reasonable photocopying charges to be paid out of the bankrupt's estate; no order for costs against Ms Wong; costs of the hearing to be borne by Mr Tang and Ms Hou and summarily assessed at HKD 5,000.

Court Disposition

Production order granted with timetable and limited costs orders as per Hong Kong authority; Singularis rejected as a binding precedent in this context.

Orders

  • Respondents to comply with the production order under section 29 of the Bankruptcy Ordinance within two months
  • Reasonable photocopying charges to be paid out of the bankrupt's estate