TSIM CHE KONG v. KWOK KWAN YING

TSIM CHE KONG v. KWOK KWAN YING

Because the working relationship between the joint trustees had irretrievably broken down, the court concluded under section 96(2)(e) of the Bankruptcy Ordinance that the interests of the creditors required the respondent's removal and the appointment of the proposed replacement; misconduct and incapacity allegations were not determined as they were unnecessary to the decision.

Citation
[2019] HKCFI 1822
Parties
Applicant (joint and Several Trustee of the Property of the Bankrupt): TSIM CHE KONG; Respondent (joint and Several Trustee of the Property of the Bankrupt): KWOK KWAN YING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 July 2019
Case Number
HCB14967/2009
Procedural Posture
Bankruptcy / Application for Removal of Trustee and Appointment of Replacement (heard and Decided)
Outcome
Respondent removed as joint and several trustee in the affected estates; Miss Kwok Nga Yin Irene appointed in her place; respondent ordered to pay the costs of the hearing; other costs to be paid out of the estates and procedural directions given for costs assessment.
Legal Topics
Removal of Trustee, Appointment of Replacement Trustee, Section 96 Bankruptcy Ordinance, Creditors' Interests, Costs Assessment
Source Language
EN
Bankruptcy Trusts Civil Procedure Costs Removal of Trustee Appointment of Replacement Trustee Section 96 Bankruptcy Ordinance Creditors' Interests +1 more

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Parties

TSIM CHE KONG

Applicant (joint and Several Trustee of the Property of the Bankrupt)

KWOK KWAN YING

Respondent (joint and Several Trustee of the Property of the Bankrupt)

Procedural Posture

Bankruptcy / Application for Removal of Trustee and Appointment of Replacement (heard and Decided)

Legal Issues

  1. 1 Whether the respondent should be removed as joint and several trustee under section 96(2)(e) of the Bankruptcy Ordinance because the interests of creditors require it
  2. 2 Whether allegations of misconduct or incapacity required adjudication
  3. 3 Whether appointment of proposed replacement trustee was appropriate

Ratio Decidendi

Because the working relationship between the joint trustees had irretrievably broken down, the court concluded under section 96(2)(e) of the Bankruptcy Ordinance that the interests of the creditors required the respondent's removal and the appointment of the proposed replacement; misconduct and incapacity allegations were not determined as they were unnecessary to the decision.

Court Disposition

Respondent removed as joint and several trustee in the affected estates; Miss Kwok Nga Yin Irene appointed in her place; respondent ordered to pay the costs of the hearing; other costs to be paid out of the estates and procedural directions given for costs assessment.

Orders

  • Respondent KWOK KWAN YING is removed as joint and several trustee in the estates affected by this application
  • Miss Kwok Nga Yin Irene is appointed in her place as joint and several trustee with the applicant in the estates in question