HUI TANG TAT (許騰達) (in the Will called HUI TANT TAT (許騰達), the Executor of the Estate of PAO SHUN HING (鮑舜卿) also known as PAO SHUN HING (鮑舜卿), Deceased 對 HUI TING BONG (許定邦)及另一人

HUI TANG TAT (許騰達) (in the Will called HUI TANT TAT (許騰達), the Executor of the Estate of PAO SHUN HING (鮑舜卿) also known as PAO SHUN HING (鮑舜卿), Deceased 對 HUI TING BONG (許定邦)及另一人

The second defendant lacked standing to pursue the appeal because the bankruptcy order had vested her litigation rights in the Official Receiver under the Bankruptcy Ordinance and the Official Receiver refused to allow continuation; additionally the application was brought to the wrong forum in breach of District...

Source-derived case information.

Citation
[2021] HKCA 778
Parties
Plaintiff: HUI TANG TAT (許騰達) (in the Will called HUI TANT TAT (許騰達), the Executor of the Estate of PAO SHUN HING (鮑舜卿), Deceased); First Defendant: HUI TING BONG (許定邦); Second Defendant: LIU SEUT FUN (廖雪芬)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
4 June 2021
Case Number
CAMP214/2020
Procedural Posture
Civil Appeal / Interlocutory Application (appeal/summons to Strike Out)
Outcome
Second defendant's 19 November 2020 summons/application struck out.
Legal Topics
Possession Order Enforcement, Vesting of Litigation Rights on Bankruptcy, Standing to Appeal, Procedural Compliance With District Court Rules
Source Language
ch
Civil Procedure Bankruptcy Property Law Appeal Procedure Possession Order Enforcement Vesting of Litigation Rights on Bankruptcy Standing to Appeal Procedural Compliance With District Court Rules

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

HUI TANG TAT (許騰達) (in the Will called HUI TANT TAT (許騰達), the Executor of the Estate of PAO SHUN HING (鮑舜卿), Deceased)

Plaintiff

HUI TING BONG (許定邦)

First Defendant

LIU SEUT FUN (廖雪芬)

Second Defendant

Procedural Posture

Civil Appeal / Interlocutory Application (appeal/summons to Strike Out)

Legal Issues

  1. 1 Whether a bankrupt retains the right to continue litigation or appeal after a bankruptcy order
  2. 2 Whether the Official Receiver/Trustee must consent or vest litigation rights back to the bankrupt for the bankrupt to pursue an appeal
  3. 3 Whether the appeal/application was brought to the correct forum in compliance with District Court Rules (Order 58 r1)

Ratio Decidendi

The second defendant lacked standing to pursue the appeal because the bankruptcy order had vested her litigation rights in the Official Receiver under the Bankruptcy Ordinance and the Official Receiver refused to allow continuation; additionally the application was brought to the wrong forum in breach of District Court Rules Order 58 r1; therefore the Court struck out the second defendant's 19 November 2020 summons/application.

Court Disposition

Second defendant's 19 November 2020 summons/application struck out.

Orders

  • Strike out the second defendant's 19 November 2020 summons/application.
  • No order as to costs in relation to that application.