LAM KAM SING v. THE TRUSTEE OF THE ESTATE OF THE BANKRUPTCY AND ANOTHER

LAM KAM SING v. THE TRUSTEE OF THE ESTATE OF THE BANKRUPTCY AND ANOTHER

The court held that the legislature intended the Official Receiver to be entitled to charge fees and expenses under Item 1(a) of Table B of the Bankruptcy (Fees and Percentages) Order for work done in administration under s78(1); such charges are distinct from litigation costs and are recoverable under section 37,...

Source-derived case information.

Citation
LAM KAM SING v. THE TRUSTEE OF THE ESTATE OF THE BANKRUPTCY AND ANOTHER
Parties
Applicant: Lam Kam Sing; 1st Respondent: The Trustee of the Estate of the Bankruptcy; 2nd Respondent: Wayfoong Credit Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 July 1989
Case Number
HCB653/1986
Procedural Posture
Bankruptcy / Decision
Outcome
Costs and expenses of the Official Receiver allowed under Item 1(a) of Table B of the Schedule to the Bankruptcy (Fees and Percentages) Order.
Legal Topics
Official Receiver Fees, Bankruptcy (fees and Percentages) Order, Discharge
Source Language
en
Bankruptcy Costs Official Receiver Fees Bankruptcy (fees and Percentages) Order Discharge

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Parties

Lam Kam Sing

Applicant

The Trustee of the Estate of the Bankruptcy

1st Respondent

Wayfoong Credit Limited

2nd Respondent

Procedural Posture

Bankruptcy / Decision

Legal Issues

  1. 1 Whether the Official Receiver is entitled to charge fees and expenses under Item 1(a) of Table B of the Bankruptcy (Fees and Percentages) Order
  2. 2 Whether fees sought relate to litigation costs or to the Official Receiver's statutory duties in administration of the estate
  3. 3 Priority and recoverability of Official Receiver's fees from the bankrupt's assets

Ratio Decidendi

The court held that the legislature intended the Official Receiver to be entitled to charge fees and expenses under Item 1(a) of Table B of the Bankruptcy (Fees and Percentages) Order for work done in administration under s78(1); such charges are distinct from litigation costs and are recoverable under section 37, therefore the Official Receiver's claimed costs and expenses are allowed under Item 1(a).

Court Disposition

Costs and expenses of the Official Receiver allowed under Item 1(a) of Table B of the Schedule to the Bankruptcy (Fees and Percentages) Order.

Orders

  • Order that the costs and expenses of the Official Receiver be allowed under Item 1(a) of Table B of the Schedule to the Bankruptcy (Fees and Percentages) Order.