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 plaintiff was bankrupt and the estate vested in the official receiver under s58 of the Bankruptcy Ordinance; the plaintiff lacked the official receiver's consent required by s30A to pursue pre-bankruptcy claims; he failed to obtain consent despite an adjournment; therefore he lacked authority to bring the action, the claim was properly struck out, the application for leave to appeal had no prospects and was dismissed, and costs were awarded to the defendants with a gross sum of HK$18,000 assessed payable forthwith.

Citation
CHEUNG WING KWAN,TOMMY v. 香港出口信用保險局AND OTHERS
Parties
Plaintiff: Mr Cheung; Defendant: Defendants
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 September 2011
Case Number
DCCJ923/2011
Procedural Posture
Leave to Appeal (civil) / Application for Leave to Appeal Against Striking Out Order
Outcome
Application for leave to appeal dismissed
Legal Topics
Striking Out, Official Receiver Consent, Vesting of Estate, Leave to Appeal, Assessment of Costs
Source Language
EN
Bankruptcy Civil Procedure Costs Striking Out Official Receiver Consent Vesting of Estate Leave to Appeal Assessment of Costs

Case Brief

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Parties

Mr Cheung

Plaintiff

Defendants

Defendant

Procedural Posture

Leave to Appeal (civil) / Application for Leave to Appeal Against Striking Out Order

Legal Issues

  1. 1 Whether the plaintiff required the consent of the official receiver to pursue claims arising before the bankruptcy order
  2. 2 Whether the plaintiff had prospects of success on appeal from the striking out order
  3. 3 Whether costs should be awarded and gross sum assessed

Ratio Decidendi

The plaintiff was bankrupt and the estate vested in the official receiver under s58 of the Bankruptcy Ordinance; the plaintiff lacked the official receiver's consent required by s30A to pursue pre-bankruptcy claims; he failed to obtain consent despite an adjournment; therefore he lacked authority to bring the action, the claim was properly struck out, the application for leave to appeal had no prospects and was dismissed, and costs were awarded to the defendants with a gross sum of HK$18,000 assessed payable forthwith.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • Costs of the application to be borne by the plaintiff