IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND ANOTHER

IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND ANOTHER

The summons was dismissed because the trustees failed to establish a reasonable evidential foundation that the funding arrangements and documents sought related to the bankrupt or his dealings such as to justify orders under s29; the liquidators' sworn denials supported by corporate documents and incumbency registers rebutted the trustees' speculative inferences, and the court had no jurisdiction to order the alternative affidavit relief sought outside s29(1A).

Citation
[2020] HKCFI 578
Parties
Applicant Joint and Several Trustee in Bankruptcy: Ip Pui Lam Arthur; Applicant Joint and Several Trustee in Bankruptcy: Ip Pui Sum; Respondent Joint and Several Liquidator of Asia Pac Infrastructure Development Ltd: Alan Chung Wah Tang; Respondent Joint and Several Liquidator of Asia Pac Infrastructure Development Ltd: Hou Chung Man; Bankrupt: Ho Yuk Wah David
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2020
Case Number
HCB3819/2011
Procedural Posture
Bankruptcy Proceedings / Summons Under Section 29 of the Bankruptcy Ordinance (production/examination Application) — Decision in Chambers
Outcome
Summons dismissed
Legal Topics
Section 29 Bankruptcy Ordinance, Production and Examination Orders, Trustees' Investigatory Powers, Litigation Finance, Costs Assessment
Source Language
EN
Bankruptcy Insolvency Civil Procedure Company Law Litigation Funding Section 29 Bankruptcy Ordinance Production and Examination Orders Trustees' Investigatory Powers +2 more

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Parties

Ip Pui Lam Arthur

Applicant Joint and Several Trustee in Bankruptcy

Ip Pui Sum

Applicant Joint and Several Trustee in Bankruptcy

Alan Chung Wah Tang

Respondent Joint and Several Liquidator of Asia Pac Infrastructure Development Ltd

Hou Chung Man

Respondent Joint and Several Liquidator of Asia Pac Infrastructure Development Ltd

Ho Yuk Wah David

Bankrupt

Procedural Posture

Bankruptcy Proceedings / Summons Under Section 29 of the Bankruptcy Ordinance (production/examination Application) — Decision in Chambers

Legal Issues

  1. 1 Whether documents and information sought from liquidators related to the bankrupt, his dealings or property under s29
  2. 2 Whether the trustees established a prima facie basis that the liquidators or third party funders were able to give relevant information
  3. 3 Whether the court has power to order affidavits outside s29(1A)

Ratio Decidendi

The summons was dismissed because the trustees failed to establish a reasonable evidential foundation that the funding arrangements and documents sought related to the bankrupt or his dealings such as to justify orders under s29; the liquidators' sworn denials supported by corporate documents and incumbency registers rebutted the trustees' speculative inferences, and the court had no jurisdiction to order the alternative affidavit relief sought outside s29(1A).

Court Disposition

Summons dismissed

Orders

  • Summons dismissed
  • Costs of the adjourned 12 July 2018 hearing of HK$200,000 awarded to the Liquidators (summary assessment)