THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF LAI KWOK YING (A BANKRUPT) formerly t/a GOOD VIEW ENGINEERING MANAGEMENT CO v. SHUN YUEN CONSTRUCTION CO LTD AND ANOTHER

THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF LAI KWOK YING (A BANKRUPT) formerly t/a GOOD VIEW ENGINEERING MANAGEMENT CO v. SHUN YUEN CONSTRUCTION CO LTD AND ANOTHER

The trustees satisfied the legal test: the documents sought in items (a) and (b) were reasonably required and the respondents were capable of providing them; the court ordered production of items (a) and (b), inspection and safe custody directions, and affidavits of dealings within 28 days; item (d) was not ordered; respondents were ordered to pay the trustees' costs assessed at HKD 113,432.

Citation
THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF LAI KWOK YING (A BANKRUPT) formerly t/a GOOD VIEW ENGINEERING MANAGEMENT CO v. SHUN YUEN CONSTRUCTION CO LTD AND ANOTHER
Parties
Applicants: The Joint and Several Trustees of the property of Lai Kwok Ying (A Bankrupt) formerly trading as Good View Engineering Management Company; 1st Respondent: Shun Yuen Construction Company Limited; 2nd Respondent: Bestkind International Construction Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 August 2009
Case Number
HCB8750/2007
Procedural Posture
Bankruptcy Proceedings (s29 Application) / Interlocutory Application Heard and Decided (production and Examination Order)
Outcome
Application granted in part
Legal Topics
Section 29 Bankruptcy Ordinance, Production of Documents, Private Examination (s221 Companies Ordinance Analogies), Affidavit of Dealings, Costs Assessment
Source Language
EN
Bankruptcy Civil Procedure Construction Contracts Section 29 Bankruptcy Ordinance Production of Documents Private Examination (s221 Companies Ordinance Analogies) Affidavit of Dealings Costs Assessment

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Parties

The Joint and Several Trustees of the property of Lai Kwok Ying (A Bankrupt) formerly trading as Good View Engineering Management Company

Applicants

Shun Yuen Construction Company Limited

1st Respondent

Bestkind International Construction Company Limited

2nd Respondent

Procedural Posture

Bankruptcy Proceedings (s29 Application) / Interlocutory Application Heard and Decided (production and Examination Order)

Legal Issues

  1. 1 Whether trustees established that the documents and information were reasonably required to perform their functions under s29
  2. 2 Whether respondents were prima facie able to provide the requested documents
  3. 3 Whether the catch-all item (d) was too broad and oppressive

Ratio Decidendi

The trustees satisfied the legal test: the documents sought in items (a) and (b) were reasonably required and the respondents were capable of providing them; the court ordered production of items (a) and (b), inspection and safe custody directions, and affidavits of dealings within 28 days; item (d) was not ordered; respondents were ordered to pay the trustees' costs assessed at HKD 113,432.

Court Disposition

Application granted in part

Orders

  • Respondents ordered to produce documents listed in items (a) and (b) of the summons; if documents are not in their possession they must swear when they parted with possession and where the documents are now located
  • Respondents to permit inspection and ensure safe custody of produced documents pursuant to paragraphs 3 and 4 of the summons