LAU WILLIAM JOHN v. WAN YUK LIN, ALISON AND OTHERS

LAU WILLIAM JOHN v. WAN YUK LIN, ALISON AND OTHERS

The bankrupt failed to prove misconduct, dereliction or a disqualifying connection with a creditor on the required evidential standard; the Trustees' actions were reasonable professional judgments, explanations addressed the complaints, allegations were largely bare assertions and subjective impressions; accordingly removal under s96(2) was not justified and the summons was dismissed.

Citation
LAU WILLIAM JOHN v. WAN YUK LIN, ALISON AND OTHERS
Parties
Debtor (respondent): Lau William John (劉錫昌); Creditor (petitioner): Wan Yuk Lin, Alison; Creditor (petitioner): Lee Wai Shuen, Angela; Creditor (petitioner): Yau Wai Kuen; Creditor (petitioner): Skydon Development Limited; Creditor (petitioner): Chang Che Hang; Joint and Several Trustee: Stephen Briscoe; Joint and Several Trustee: Chan Pui Sze
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 March 2016
Case Number
HCB4198/2014
Procedural Posture
Bankruptcy Proceedings No 4198 of 2014 / Application Under Section 96(2) to Remove Private Trustees; Summons Hearing and Decision
Outcome
Summons dismissed; trustees remain in office; order nisi for costs in favour of the Trustees
Legal Topics
Removal of Trustee, Misconduct and Maladministration, Impartiality and Conflict of Interest, Evidence and Standard of Proof, Costs
Source Language
EN
Bankruptcy Insolvency Civil Procedure Trusteeship Conflict of Interest Removal of Trustee Misconduct and Maladministration Impartiality and Conflict of Interest +2 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 6 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Lau William John (劉錫昌)

Debtor (respondent)

Wan Yuk Lin, Alison

Creditor (petitioner)

Lee Wai Shuen, Angela

Creditor (petitioner)

Yau Wai Kuen

Creditor (petitioner)

Skydon Development Limited

Creditor (petitioner)

Chang Che Hang

Creditor (petitioner)

Stephen Briscoe

Joint and Several Trustee

Chan Pui Sze

Joint and Several Trustee

Procedural Posture

Bankruptcy Proceedings No 4198 of 2014 / Application Under Section 96(2) to Remove Private Trustees; Summons Hearing and Decision

Legal Issues

  1. 1 Whether the trustees were guilty of misconduct or failed to perform duties under s96(2)(a) of the Bankruptcy Ordinance
  2. 2 Whether the trustees' relationship or connection with a particular creditor (Madam Wan) created a conflict under s96(2)(d) making impartiality difficult
  3. 3 Whether the bankrupt discharged the high evidential burden required to remove a trustee

Ratio Decidendi

The bankrupt failed to prove misconduct, dereliction or a disqualifying connection with a creditor on the required evidential standard; the Trustees' actions were reasonable professional judgments, explanations addressed the complaints, allegations were largely bare assertions and subjective impressions; accordingly removal under s96(2) was not justified and the summons was dismissed.

Court Disposition

Summons dismissed; trustees remain in office; order nisi for costs in favour of the Trustees

Orders

  • Summons dismissed
  • Order nisi that costs of the Summons be to the Trustees