有關 李永業的事宜

有關 李永業的事宜

Court accepted the trustees' analysis based on the bankrupt's own second annual statement showing an annual surplus of approximately HK$40,000, and held that requiring HK$2,000 per month was not perverse or clearly wrong; therefore the s83 application was dismissed.

Source-derived case information.

Citation
[2022] HKCFI 764
Parties
Applicant (bankrupt): LEE WING YIP (李永業); Respondent (bankees/trustees): Trustees; Interested Party: Official Receiver (Director of Insolvency)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 March 2022
Case Number
HCB4603/2019
Procedural Posture
Bankruptcy Application Under Bankruptcy Ordinance S83 / Interlocutory Hearing on Summons to Set Aside Trustee Decision
Outcome
Application dismissed
Legal Topics
Trustee Decisions, Section 83 Bankruptcy Ordinance, Reasonableness Review, Contributions by Bankrupt
Source Language
ch
Bankruptcy Insolvency Civil Procedure Trustee Decisions Section 83 Bankruptcy Ordinance Reasonableness Review Contributions by Bankrupt

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Parties

LEE WING YIP (李永業)

Applicant (bankrupt)

Trustees

Respondent (bankees/trustees)

Official Receiver (Director of Insolvency)

Interested Party

Procedural Posture

Bankruptcy Application Under Bankruptcy Ordinance S83 / Interlocutory Hearing on Summons to Set Aside Trustee Decision

  1. 1 Whether the trustee's decision requiring the bankrupt to pay HK$2,000 per month to estate was perverse or clearly wrong under the Re Chung Kau standard
  2. 2 Whether the agreement to pay was procured by threats or duress and thus void
  3. 3 Whether the trustee's decision should be overturned under s83 of the Bankruptcy Ordinance

Ratio Decidendi

Court accepted the trustees' analysis based on the bankrupt's own second annual statement showing an annual surplus of approximately HK$40,000, and held that requiring HK$2,000 per month was not perverse or clearly wrong; therefore the s83 application was dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No order as to costs