RE ZULIFQAR ALI

RE ZULIFQAR ALI

The summons was dismissed because the reliefs were misconceived: any claim for interim payments must be made to the trustees under s63 and any right to proceed with actions vests in the trustees under s58; absent an application to the trustees and given the apparent lack of estate assets, the court will not grant the relief sought and the bankrupt's refusal to accept the bankruptcy order is not a lawful basis to bypass the trustees.

Citation
RE ZULIFQAR ALI
Parties
Bankrupt: Zulifqar Ali; Creditor / Petitioner: Standard Chartered Bank (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 2014
Case Number
HCB6146/2011
Procedural Posture
Bankruptcy Proceedings / Chambers Decision on Summons (application Dismissed)
Outcome
Summons dismissed with costs to the Petitioner
Legal Topics
Trustees' Powers, Section 58 Bankruptcy Ordinance, Section 63 Bankruptcy Ordinance, Leave to Proceed With Actions, Interim Payment for Daily Expenses
Source Language
EN
Bankruptcy Insolvency Civil Procedure Trustees' Powers Section 58 Bankruptcy Ordinance Section 63 Bankruptcy Ordinance Leave to Proceed With Actions Interim Payment for Daily Expenses

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Parties

Zulifqar Ali

Bankrupt

Standard Chartered Bank (Hong Kong) Limited

Creditor / Petitioner

Procedural Posture

Bankruptcy Proceedings / Chambers Decision on Summons (application Dismissed)

Legal Issues

  1. 1 Whether the court should grant an interim payment for daily expenses to the bankrupt
  2. 2 Whether the bankrupt may proceed with civil actions in his own name without leave or consent of the trustees
  3. 3 Whether the proper forum for the relief sought is an application to the trustees under s63 of the Bankruptcy Ordinance

Ratio Decidendi

The summons was dismissed because the reliefs were misconceived: any claim for interim payments must be made to the trustees under s63 and any right to proceed with actions vests in the trustees under s58; absent an application to the trustees and given the apparent lack of estate assets, the court will not grant the relief sought and the bankrupt's refusal to accept the bankruptcy order is not a lawful basis to bypass the trustees.

Court Disposition

Summons dismissed with costs to the Petitioner

Orders

  • Summons dismissed
  • Costs to the Petitioner