RE TAM MEI KAM

RE TAM MEI KAM

The application was dismissed because it sought relief in respect of a hypothetical situation and was premature and unnecessary given pending maintenance proceedings and the high likelihood the applicant would be discharged before any lump sum maintenance could be ordered; costs were ordered nisi against the applicant.

Citation
RE TAM MEI KAM
Parties
Applicant (bankrupt): Tam Mei Kam; 5th Respondent (trustee/party): 5th Respondent; 1st Respondent: 1st Respondent; Official Receiver (attendance Excused): Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 2016
Case Number
HCB3777/2011
Procedural Posture
Bankruptcy Proceedings / Application Under Section 83 to Set Aside Trustees' Decision; Interlocutory Hearing and Decision
Outcome
Application dismissed
Legal Topics
After Acquired Property, Lump Sum Maintenance, Section 43 a, Section 83, Prematurity, Costs
Source Language
EN
Bankruptcy Family Law Civil Procedure After Acquired Property Lump Sum Maintenance Section 43 a Section 83 Prematurity +1 more

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Parties

Tam Mei Kam

Applicant (bankrupt)

5th Respondent

5th Respondent (trustee/party)

1st Respondent

1st Respondent

Official Receiver

Official Receiver (attendance Excused)

Procedural Posture

Bankruptcy Proceedings / Application Under Section 83 to Set Aside Trustees' Decision; Interlocutory Hearing and Decision

Legal Issues

  1. 1 Whether a lump sum maintenance ordered during bankruptcy can be treated as after-acquired property under section 43A
  2. 2 Whether the application was premature or hypothetical and therefore non-justiciable
  3. 3 Whether costs should be awarded to the trustees

Ratio Decidendi

The application was dismissed because it sought relief in respect of a hypothetical situation and was premature and unnecessary given pending maintenance proceedings and the high likelihood the applicant would be discharged before any lump sum maintenance could be ordered; costs were ordered nisi against the applicant.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Costs order nisi: Applicant to pay the trustees the costs of this application to be taxed