RE CHUNG KAU

RE CHUNG KAU

The Trustee properly required a full and effective indemnity as mandated by authority; the Bankrupt could not provide any meaningful indemnity and therefore the Trustee's refusal to permit continuation of the appeals was reasonable and not perverse, so the section 83 application was dismissed.

Source-derived case information.

Citation
RE CHUNG KAU
Parties
Bankrupt/applicant: Chung Kau; Respondent/trustee: Official Receiver (represented by Ms Teresa Wong)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 February 2004
Case Number
HCB581/2003
Procedural Posture
Bankruptcy Section 83 Review / Decision on Section 83 Application and Recusal Application
Outcome
Bankrupt's application dismissed; application to disqualify the judge refused.
Legal Topics
Section 83 Bankruptcy Ordinance, Full and Effective Indemnity, Disqualification of Judge, Appeals by Bankrupt/trustee Control
Source Language
en
Bankruptcy Law Civil Procedure Judicial Recusal/bias Section 83 Bankruptcy Ordinance Full and Effective Indemnity Disqualification of Judge Appeals by Bankrupt/trustee Control

Source-derived case record

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Parties

Chung Kau

Bankrupt/applicant

Official Receiver (represented by Ms Teresa Wong)

Respondent/trustee

Procedural Posture

Bankruptcy Section 83 Review / Decision on Section 83 Application and Recusal Application

Legal Issues

  1. 1 Whether the Bankrupt may continue specified appeals/proceedings without providing a full and effective indemnity to the Official Receiver
  2. 2 Whether the judge should be disqualified for bias based on prior conduct at the bankruptcy hearing
  3. 3 Whether the court should interfere with the Trustee's decision under section 83 on grounds of perversity or unreasonableness

Ratio Decidendi

The Trustee properly required a full and effective indemnity as mandated by authority; the Bankrupt could not provide any meaningful indemnity and therefore the Trustee's refusal to permit continuation of the appeals was reasonable and not perverse, so the section 83 application was dismissed.

Court Disposition

Bankrupt's application dismissed; application to disqualify the judge refused.

Orders

  • Refusal to disqualify Deputy High Court Judge Poon from hearing the section 83 application
  • Dismissal of the Bankrupt's application under section 83 of the Bankruptcy Ordinance