唐志森 對 黃嘉錫及黃嘉霖

唐志森 對 黃嘉錫及黃嘉霖

The application was dismissed because the trustee had properly considered the bankrupt's circumstances, increased the wife's allowance, was prepared to allow reasonable additional expenses supported by receipts, and the bankrupt had not provided receipts or made contributions; the trustee's decisions were not perverse, irrational or plainly wrong and therefore did not warrant intervention under s.83.

Citation
[2018] HKCFI 1741
Parties
Applicant (bankrupt): 唐志森; Trustees: 黃嘉錫及黃嘉霖
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 May 2018
Case Number
HCB476/2017
Procedural Posture
Bankruptcy — Application Under S.83 of the Bankruptcy Ordinance / Hearing and Judgment (application to Review Trustee Allowances)
Outcome
Application dismissed.
Legal Topics
Trustee Allowances, Judicial Review of Trustee Decisions, Section 83 Bankruptcy Ordinance, Bankrupt's Contributions, Assessment of Family Expenses
Source Language
CH
Bankruptcy Civil Procedure Trustee Allowances Judicial Review of Trustee Decisions Section 83 Bankruptcy Ordinance Bankrupt's Contributions Assessment of Family Expenses

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Parties

唐志森

Applicant (bankrupt)

黃嘉錫及黃嘉霖

Trustees

Procedural Posture

Bankruptcy — Application Under S.83 of the Bankruptcy Ordinance / Hearing and Judgment (application to Review Trustee Allowances)

Legal Issues

  1. 1 Whether the court should overturn the trustee's determination of monthly allowances under section 83
  2. 2 Whether the trustee acted irrationally, perversely or plainly wrongly
  3. 3 Whether the applicant provided sufficient evidence (receipts) and made required contributions

Ratio Decidendi

The application was dismissed because the trustee had properly considered the bankrupt's circumstances, increased the wife's allowance, was prepared to allow reasonable additional expenses supported by receipts, and the bankrupt had not provided receipts or made contributions; the trustee's decisions were not perverse, irrational or plainly wrong and therefore did not warrant intervention under s.83.

Court Disposition

Application dismissed.

Orders

  • Application dismissed
  • No order for hearing fees