澳門第一環球國際有限公司 對 丁小紅及另二人

澳門第一環球國際有限公司 對 丁小紅及另二人

丁育 was bankrupt at the relevant time; his legal rights and property (including the exhibits tendered in the proceedings) vested in the trustee under the Bankruptcy Ordinance and he lacked authority to apply for their return or to commence the proposed Shanghai proceedings without trustee consent. The court therefore dismissed his application and ordered the exhibits to be handed to the trustee, who must return documents to other owners where appropriate within the prescribed period.

Citation
[2019] HKCFI 2535
Parties
Original Plaintiff; 2nd Defendant (counterclaim): Macau First Universal International Limited; 1st Defendant: Ding Xiaohong; 2nd Defendant; Counterclaim Plaintiff: Ding Yu; 3rd Defendant: Hong Kong First Mainland Company Limited; 1st Defendant (counterclaim): Ding Gang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 October 2019
Case Number
HCA992/2010
Procedural Posture
Civil (post‑judgment Application) / Application for Return of Exhibits After Final Judgment and Bankruptcy Order
Outcome
Application dismissed; exhibits to be collected by trustee and returned to relevant parties subject to trustee's reasonable retention
Legal Topics
Return of Exhibits, Vesting of Bankrupt's Property, Authority of Trustee, Permission to Commence Proceedings, Service of Process
Source Language
CH
Bankruptcy Civil Procedure Evidence Insolvency Property Return of Exhibits Vesting of Bankrupt's Property Authority of Trustee +2 more

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Parties

Macau First Universal International Limited

Original Plaintiff; 2nd Defendant (counterclaim)

Ding Xiaohong

1st Defendant

Ding Yu

2nd Defendant; Counterclaim Plaintiff

Hong Kong First Mainland Company Limited

3rd Defendant

Ding Gang

1st Defendant (counterclaim)

Procedural Posture

Civil (post‑judgment Application) / Application for Return of Exhibits After Final Judgment and Bankruptcy Order

Legal Issues

  1. 1 Whether a bankrupt (丁育) had the authority to apply for return of exhibits after a bankruptcy order
  2. 2 Whether exhibits tendered in the Hong Kong proceedings vested in the trustee under the Bankruptcy Ordinance
  3. 3 Whether the bankrupt may commence new foreign proceedings without trustee consent

Ratio Decidendi

丁育 was bankrupt at the relevant time; his legal rights and property (including the exhibits tendered in the proceedings) vested in the trustee under the Bankruptcy Ordinance and he lacked authority to apply for their return or to commence the proposed Shanghai proceedings without trustee consent. The court therefore dismissed his application and ordered the exhibits to be handed to the trustee, who must return documents to other owners where appropriate within the prescribed period.

Court Disposition

Application dismissed; exhibits to be collected by trustee and returned to relevant parties subject to trustee's reasonable retention

Orders

  • Application by Ding Yu dismissed
  • Official Receiver (trustee) to collect the exhibits delivered by Ding Yu within 14 days of this order