RE SUEN KIN NING

RE SUEN KIN NING

The court exercised its wide discretion under section 114 to order a partial remission of the Official Receiver's scale fees because the work done was minimal, producing a substantial disparity between scale fees (circa HK$2.1m) and actual work, and because partial remission balanced the Official Receiver's prima facie entitlement with the real hardship that full scale fees would cause; remission of HK$1.5m was ordered.

Citation
RE SUEN KIN NING
Parties
Judgment Debtor: Suen Kin Ning; Judgment Creditor: The Incorporated Owners of Tsui Wah Building; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 July 2010
Case Number
HCB8042/2009
Procedural Posture
Bankruptcy / Decision
Outcome
Partial remission of Official Receiver's scale fees granted.
Legal Topics
Remission of Fees, Scale Fees, Section 114 Bankruptcy Ordinance, Annulment Under Section 33(1)(b), Service of Statutory Demand
Source Language
EN
Bankruptcy Insolvency Fees Remission of Fees Scale Fees Section 114 Bankruptcy Ordinance Annulment Under Section 33(1)(b) Service of Statutory Demand

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Parties

Suen Kin Ning

Judgment Debtor

The Incorporated Owners of Tsui Wah Building

Judgment Creditor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Decision

Legal Issues

  1. 1 Whether the court should remit Official Receiver scale fees under section 114 of the Bankruptcy Ordinance
  2. 2 Whether alleged defective service/statutory demand supplies a basis for remission
  3. 3 What quantum of remission is appropriate given disparity between scale fees and work done

Ratio Decidendi

The court exercised its wide discretion under section 114 to order a partial remission of the Official Receiver's scale fees because the work done was minimal, producing a substantial disparity between scale fees (circa HK$2.1m) and actual work, and because partial remission balanced the Official Receiver's prima facie entitlement with the real hardship that full scale fees would cause; remission of HK$1.5m was ordered.

Court Disposition

Partial remission of Official Receiver's scale fees granted.

Orders

  • Order remitting HK$1,500,000 of the Official Receiver's scale fees.