RE LEE RAYMOND CHO MIN

RE LEE RAYMOND CHO MIN

The court held the trustees had established that the specified documents and examination were reasonably required and that the respondents were prima facie able to produce them; balancing necessity against potential oppression, the court ordered production of the identified items from Oasis and by Choi (GSA and grant of probate) and ordered Gardener to be examined under s29, but refused the limited request for source documents of certain settlement payments and certain other items not reasonably required.

Citation
RE LEE RAYMOND CHO MIN
Parties
Applicants (trustees): John Robert Lees and Mat Ng (joint and several trustees); Respondent / Corporate Debtor: Oasis Consulting HK Limited (Oasis); Respondent / Former General Manager of Oasis: Richard Andrew Henry Gardener; Respondent / Solicitor: Choi Shui Hung (Benjamin Choi); Bankrupt: Lee Priscilla Hwang (Priscilla Lee); Bankrupt: Lee Raymond Cho Min (Raymond Lee)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 2012
Case Number
HCB7453/2009
Procedural Posture
Bankruptcy Proceedings (applications Under Section 29) / Chambers Hearing on Summonses for Document Production and Examination Under S29
Outcome
Summonses granted in part: Oasis ordered to produce specified documents; Benjamin Choi ordered to produce non-redacted GSA and grant of probate; Gardener ordered to be examined under section 29; one limited request refused; costs nisi to trustees.
Legal Topics
Section 29 Bankruptcy Ordinance, Production of Documents, Oral Examination Under Oath, Trustee Powers and Investigations, Confidentiality and Privilege
Source Language
EN
Bankruptcy Law Insolvency Procedure Civil Procedure Company Law (remedial Powers) Section 29 Bankruptcy Ordinance Production of Documents Oral Examination Under Oath Trustee Powers and Investigations +1 more

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Parties

John Robert Lees and Mat Ng (joint and several trustees)

Applicants (trustees)

Oasis Consulting HK Limited (Oasis)

Respondent / Corporate Debtor

Richard Andrew Henry Gardener

Respondent / Former General Manager of Oasis

Choi Shui Hung (Benjamin Choi)

Respondent / Solicitor

Lee Priscilla Hwang (Priscilla Lee)

Bankrupt

Lee Raymond Cho Min (Raymond Lee)

Bankrupt

Procedural Posture

Bankruptcy Proceedings (applications Under Section 29) / Chambers Hearing on Summonses for Document Production and Examination Under S29

Legal Issues

  1. 1 Whether Oasis should produce specified classes of documents to the trustees under s29
  2. 2 Whether Richard Gardener should be examined under s29
  3. 3 Whether Benjamin Choi should produce non-redacted GSA and grant of probate

Ratio Decidendi

The court held the trustees had established that the specified documents and examination were reasonably required and that the respondents were prima facie able to produce them; balancing necessity against potential oppression, the court ordered production of the identified items from Oasis and by Choi (GSA and grant of probate) and ordered Gardener to be examined under s29, but refused the limited request for source documents of certain settlement payments and certain other items not reasonably required.

Court Disposition

Summonses granted in part: Oasis ordered to produce specified documents; Benjamin Choi ordered to produce non-redacted GSA and grant of probate; Gardener ordered to be examined under section 29; one limited request refused; costs nisi to trustees.

Orders

  • Oasis to produce documents in items (1),(2),(5),(6),(7) of 1st Schedule and items (1),(2),(3),(7),(8),(9),(10) of 2nd Schedule as specified in judgment
  • Benjamin Choi to produce non-redacted complete copy of the GSA (item 1 of 3rd Schedule) and the Grant of Probate (item 4 of 3rd Schedule)