CHEN YUNG NGAI KENNETH AND ANOTHER v. OLDHAM, LI & NIE (A Firm)

CHEN YUNG NGAI KENNETH AND ANOTHER v. OLDHAM, LI & NIE (A Firm)

Class 1 was voluntarily disclosed and not subject to the implied undertaking; the trustees were granted leave to use Classes 2,4 and 5 for the 1st Purpose (HCA 2587/2017), to use Classes 2,4 and 5 for civil claims against OLN insofar as they relate to trust, knowing receipt, fraud under s.58 BO and dishonest assistance (but not money‑laundering, champerty or maintenance), and to use Classes 2–5 for a complaint to the Law Society; no leave was granted for the trustees to use any Classes for lodging criminal complaints (3rd Purpose) nor for the broad 5th Purpose of unspecified future investigations; implied undertaking not waived by a chambers hearing and classes produced under compulsion...

Citation
[2024] HKCFI 3710
Parties
Applicant Trustee in Bankruptcy: Chen Yung Ngai Kenneth; Applicant Trustee in Bankruptcy: Chen Mei Mei; Respondent (solicitors): Oldham, Li & Nie (A Firm); Discharged Bankrupt: Ho Yuk Wah David
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 December 2024
Case Number
HCB3819/2011
Procedural Posture
Bankruptcy Proceedings / Summons Under S.29 BO to Lift Implied Undertaking / Decision on Summons for Leave to Use Disclosed Documents (chambers)
Outcome
Summons partly allowed and partly dismissed: implied undertaking lifted in part and restricted leave granted; other relief refused; order nisi as to costs (no order as to costs at this stage).
Legal Topics
Implied Undertaking, Order 24 Rule 14 a RHC, S.29 Bankruptcy Ordinance Disclosure, Legal Professional Privilege, Leave to Use Disclosed Documents, Nomineeship and Sham Transactions, Fraud and Knowing Receipt, Dishonest Assistance, Money Laundering, Champerty and Maintenance
Source Language
EN
Bankruptcy Law Civil Procedure Professional Conduct of Solicitors Anti Money Laundering Law Trusts and Asset Recovery Commercial Litigation Implied Undertaking Order 24 Rule 14 a RHC +8 more

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Parties

Chen Yung Ngai Kenneth

Applicant Trustee in Bankruptcy

Chen Mei Mei

Applicant Trustee in Bankruptcy

Oldham, Li & Nie (A Firm)

Respondent (solicitors)

Ho Yuk Wah David

Discharged Bankrupt

Procedural Posture

Bankruptcy Proceedings / Summons Under S.29 BO to Lift Implied Undertaking / Decision on Summons for Leave to Use Disclosed Documents (chambers)

Legal Issues

  1. 1 Whether Order 24, rule 14A applies to release implied undertaking
  2. 2 Whether trustees require leave to use disclosed documents
  3. 3 Whether trustees are owners of disclosed documents

Ratio Decidendi

Class 1 was voluntarily disclosed and not subject to the implied undertaking; the trustees were granted leave to use Classes 2,4 and 5 for the 1st Purpose (HCA 2587/2017), to use Classes 2,4 and 5 for civil claims against OLN insofar as they relate to trust, knowing receipt, fraud under s.58 BO and dishonest assistance (but not money‑laundering, champerty or maintenance), and to use Classes 2–5 for a complaint to the Law Society; no leave was granted for the trustees to use any Classes for lodging criminal complaints (3rd Purpose) nor for the broad 5th Purpose of unspecified future investigations; implied undertaking not waived by a chambers hearing and classes produced under compulsion...

Court Disposition

Summons partly allowed and partly dismissed: implied undertaking lifted in part and restricted leave granted; other relief refused; order nisi as to costs (no order as to costs at this stage).

Orders

  • Class 1 found not subject to the implied undertaking and trustees may use it
  • Leave granted to trustees to use Classes 2,4 and 5 for the 1st Purpose (HCA 2587/2017)