RE WAN PO JUN MARY PAULINE

RE WAN PO JUN MARY PAULINE

The Bankrupt lacked locus to lodge the appeal without the trustee-in-bankruptcy's consent because her rights had vested in the trustee; the Master's grant of leave under s12 was correct because the trustee had no objection and the court's function under s12 is to consider the effect on administration not the merits; accordingly the appeal is dismissed.

Citation
RE WAN PO JUN MARY PAULINE
Parties
Petitioner/applicant: AU YEUNG YEE MAN; Debtor/bankrupt: WAN PO JUN MARY PAULINE; Joint & Several Trustee: WONG KA LAM KING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 2014
Case Number
HCB144/2011
Procedural Posture
Bankruptcy Proceedings Appeal Against Master's Order / Appeal to High Court (decision)
Outcome
Appeal dismissed; Master's order affirmed
Legal Topics
Leave to Continue Proceedings, Vesting of Estate in Trustee, Locus Standi to Litigate After Bankruptcy, Trustee's Consent, Possession Claim
Source Language
EN
Bankruptcy Civil Procedure Property Law Leave to Continue Proceedings Vesting of Estate in Trustee Locus Standi to Litigate After Bankruptcy Trustee's Consent Possession Claim

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

AU YEUNG YEE MAN

Petitioner/applicant

WAN PO JUN MARY PAULINE

Debtor/bankrupt

WONG KA LAM KING

Joint & Several Trustee

Procedural Posture

Bankruptcy Proceedings Appeal Against Master's Order / Appeal to High Court (decision)

Legal Issues

  1. 1 Whether a bankrupt has locus to file an appeal after a bankruptcy order without trustee's consent
  2. 2 Whether the court in granting leave under section 12 of the Bankruptcy Ordinance should consider the overall merits of the underlying claim
  3. 3 Whether the Master erred in granting leave to the Applicant to continue the Action

Ratio Decidendi

The Bankrupt lacked locus to lodge the appeal without the trustee-in-bankruptcy's consent because her rights had vested in the trustee; the Master's grant of leave under s12 was correct because the trustee had no objection and the court's function under s12 is to consider the effect on administration not the merits; accordingly the appeal is dismissed.

Court Disposition

Appeal dismissed; Master's order affirmed

Orders

  • Appeal dismissed
  • Order of Master M Wong dated 4 April 2014 granting leave to the Applicant to continue HCA 1478 of 2009 is affirmed