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

Trustees proved non-compliance with the Production Order for specific items and respondents failed to justify non-compliance; the court has power (under s29 and its inherent jurisdiction) to make ancillary orders including requiring affirmations and further production; respondents were ordered to comply with §§1 and 2 of the Production Order within 28 days and costs were ordered nisi against respondents apportioned 85% to Mr Tang/Ms Hou and 15% to Mrs Wong.

Citation
[2019] HKCFI 1398
Parties
Applicant; Joint and Several Trustee in Bankruptcy: Ip Pui Lam Arthur; Applicant; Joint and Several Trustee in Bankruptcy: Ip Pui Sum; 1st Respondent; Joint and Several Liquidator of CWT Textile Supplies Company Limited: Alan Chung Wah Tang; 1st Respondent; Joint and Several Liquidator of CWT Textile Supplies Company Limited: Alison Wong Lee Fung Ying; 2nd Respondent; Joint and Several Trustee in Bankruptcy of the Estate of Lee Siu Fung (siegfried): Alan Chung Wah Tang; 2nd Respondent; Joint and Several Trustee in Bankruptcy of the Estate of Lee Siu Fung (siegfried): Hou Chung Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 May 2019
Case Number
HCB3819/2011
Procedural Posture
Bankruptcy / Application Under Order 45 R 6(1) to Enforce Production Order and Ancillary Affirmation Order
Outcome
Summons allowed to the extent of ordering respondents to comply with §§1 and 2 of the Production Order within 28 days; costs ordered nisi against respondents to the trustees with apportionment 85% to Mr Tang/Ms Hou and 15% to Mrs Wong, costs to be assessed by gross sum.
Legal Topics
Production of Documents, Enforcement of Court Orders, Ancillary Orders, Scope of Custody or Power, Costs
Source Language
EN
Bankruptcy Insolvency Civil Procedure Disclosure/discovery Production of Documents Enforcement of Court Orders Ancillary Orders Scope of Custody or Power +1 more

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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; Joint and Several Liquidator of CWT Textile Supplies Company Limited

Alison Wong Lee Fung Ying

1st Respondent; Joint and Several Liquidator of CWT Textile Supplies Company Limited

Alan Chung Wah Tang

2nd Respondent; Joint and Several Trustee in Bankruptcy of the Estate of Lee Siu Fung (siegfried)

Hou Chung Man

2nd Respondent; Joint and Several Trustee in Bankruptcy of the Estate of Lee Siu Fung (siegfried)

Procedural Posture

Bankruptcy / Application Under Order 45 R 6(1) to Enforce Production Order and Ancillary Affirmation Order

Legal Issues

  1. 1 Whether the 1st and 2nd respondents failed to comply with the Production Order
  2. 2 Whether the court has jurisdiction to order respondents to file affirmations explaining documents no longer in their custody or power
  3. 3 Scope of "custody or power" under s29 Bankruptcy Ordinance

Ratio Decidendi

Trustees proved non-compliance with the Production Order for specific items and respondents failed to justify non-compliance; the court has power (under s29 and its inherent jurisdiction) to make ancillary orders including requiring affirmations and further production; respondents were ordered to comply with §§1 and 2 of the Production Order within 28 days and costs were ordered nisi against respondents apportioned 85% to Mr Tang/Ms Hou and 15% to Mrs Wong.

Court Disposition

Summons allowed to the extent of ordering respondents to comply with §§1 and 2 of the Production Order within 28 days; costs ordered nisi against respondents to the trustees with apportionment 85% to Mr Tang/Ms Hou and 15% to Mrs Wong, costs to be assessed by gross sum.

Orders

  • 1st and 2nd respondents to comply with §§1 and 2 of the Production Order within 28 days of this Decision
  • Costs of the summons to be paid by 1st and 2nd respondents to the Trustees to be assessed by gross sum