RE LIM HUEY CHING

RE LIM HUEY CHING

The court recognised the Singapore-appointed trustees because the Singapore bankruptcies were collective, conducted in the bankrupts' domicile, the assistance sought was necessary for administration of the foreign bankruptcies and consistent with Hong Kong substantive law and public policy; accordingly the court granted recognition and limited powers under its inherent jurisdiction to request documents, locate and secure moveable assets in Hong Kong, investigate affairs, bring proceedings and retain professionals, with costs to be paid from the bankrupt estates.

Citation
[2025] HKCFI 2896
Parties
Applicant / Joint and Several Trustee in Bankruptcy (appointed by Singapore Court): Leow Quek Shiong; Applicant / Joint and Several Trustee in Bankruptcy (appointed by Singapore Court): Seah Roh Lin; Bankrupt (subject of Singapore Bankruptcy Order in Singapore): Lim Oon Kuin; Bankrupt (subject of Singapore Bankruptcy Order in Singapore): Lim Huey Ching; Third Party Bank (refused Disclosure Absent Hong Kong Court Order): The Hongkong and Shanghai Banking Corporation Limited; Third Party Bank (refused Disclosure Absent Hong Kong Court Order): Bank of China (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 July 2025
Case Number
HCMP659/2025
Procedural Posture
Recognition and Assistance of Foreign Bankruptcy / Inherent Jurisdiction / Ex Parte Originating Summons Heard and Determined on Paper/in Chambers (judgment and Reasons Delivered)
Outcome
Originating summonses allowed in part: recognition of Singapore trustees and grant of limited assistance powers under the court's inherent jurisdiction
Legal Topics
Recognition of Foreign Bankruptcy, Assistance to Foreign Trustees, Inherent Jurisdiction, Powers to Obtain Documents and Secure Assets, Mode of Application (ex Parte V Inter Partes)
Source Language
EN
Insolvency Bankruptcy Private International Law Civil Procedure Recognition of Foreign Bankruptcy Assistance to Foreign Trustees Inherent Jurisdiction Powers to Obtain Documents and Secure Assets +1 more

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Parties

Leow Quek Shiong

Applicant / Joint and Several Trustee in Bankruptcy (appointed by Singapore Court)

Seah Roh Lin

Applicant / Joint and Several Trustee in Bankruptcy (appointed by Singapore Court)

Lim Oon Kuin

Bankrupt (subject of Singapore Bankruptcy Order in Singapore)

Lim Huey Ching

Bankrupt (subject of Singapore Bankruptcy Order in Singapore)

The Hongkong and Shanghai Banking Corporation Limited

Third Party Bank (refused Disclosure Absent Hong Kong Court Order)

Bank of China (Hong Kong) Limited

Third Party Bank (refused Disclosure Absent Hong Kong Court Order)

Procedural Posture

Recognition and Assistance of Foreign Bankruptcy / Inherent Jurisdiction / Ex Parte Originating Summons Heard and Determined on Paper/in Chambers (judgment and Reasons Delivered)

Legal Issues

  1. 1 Whether the Hong Kong court should recognise the appointment of trustees appointed by the Singapore Court
  2. 2 Whether the court can, under its inherent jurisdiction, grant the foreign trustees powers to obtain documents and secure moveable assets in Hong Kong
  3. 3 Whether the ex parte mode of application was appropriate

Ratio Decidendi

The court recognised the Singapore-appointed trustees because the Singapore bankruptcies were collective, conducted in the bankrupts' domicile, the assistance sought was necessary for administration of the foreign bankruptcies and consistent with Hong Kong substantive law and public policy; accordingly the court granted recognition and limited powers under its inherent jurisdiction to request documents, locate and secure moveable assets in Hong Kong, investigate affairs, bring proceedings and retain professionals, with costs to be paid from the bankrupt estates.

Court Disposition

Originating summonses allowed in part: recognition of Singapore trustees and grant of limited assistance powers under the court's inherent jurisdiction

Orders

  • The appointment of the Plaintiffs as the Joint and Several Trustees of Lim Oon Kuin’s bankruptcy estate pursuant to an order of court HC/ORC 6733/2024 made by the General Division of the High Court of Singapore on 19 December 2024 in HC/B 3811/2024 be recognised by the High Court of the Hong Kong Special...
  • The Plaintiffs have and may exercise in the Hong Kong Special Administrative Region the following powers for the purpose of carrying out their functions as trustees of the Bankrupt’s bankruptcy estate: to request and receive from third parties documents and information belonging to the Bankrupt or to which the...