CHEUNG WING KWAN,TOMMY v. 香港出口信用保險局AND OTHERS

CHEUNG WING KWAN,TOMMY v. 香港出口信用保險局AND OTHERS

The action was struck out because the plaintiff failed to obtain the mandatory consent of the official receiver under s.30A(8); the official receiver declined consent pending evidence of merit and indemnity; further delay was unjustified and allowing the action risked costs being borne by the estate or public funds.

Citation
CHEUNG WING KWAN,TOMMY v. 香港出口信用保險局AND OTHERS
Parties
Plaintiff: Mr Cheung; Defendants: Defendants
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 June 2011
Case Number
DCCJ923/2011
Procedural Posture
Civil Bankruptcy Related Claim / Interlocutory Application to Strike Out for Want of Locus Under S.30 A(8) of the Bankruptcy Ordinance
Outcome
Plaintiff's action struck out.
Legal Topics
Locus Standi, Consent of Official Receiver, Abuse of Process, Striking Out, Creditor Interests
Source Language
EN
Bankruptcy Civil Procedure Costs Locus Standi Consent of Official Receiver Abuse of Process Striking Out Creditor Interests

Case Brief

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Parties

Mr Cheung

Plaintiff

Defendants

Defendants

Procedural Posture

Civil Bankruptcy Related Claim / Interlocutory Application to Strike Out for Want of Locus Under S.30 A(8) of the Bankruptcy Ordinance

Legal Issues

  1. 1 Whether the plaintiff lacked locus to bring the action without the official receiver's consent under s.30A(8) of the Bankruptcy Ordinance
  2. 2 Whether the action was frivolous, vexatious or an abuse of process
  3. 3 Whether costs should be awarded to the defendants and borne by the bankrupt's estate or public funds

Ratio Decidendi

The action was struck out because the plaintiff failed to obtain the mandatory consent of the official receiver under s.30A(8); the official receiver declined consent pending evidence of merit and indemnity; further delay was unjustified and allowing the action risked costs being borne by the estate or public funds.

Court Disposition

Plaintiff's action struck out.

Orders

  • Strike out the plaintiff's action.
  • Costs of and occasioned by the application to the Defendants, to be taxed if not agreed.