RE: LAM CHAM HO and EX PARTE: THE OFFICIAL RECEIVER

RE: LAM CHAM HO and EX PARTE: THE OFFICIAL RECEIVER

The court held that despite questions over whether a former wife is within 'family' under s.43E, maintenance payments to a former wife who has custody of the children may realistically provide for the children and thereby fall within the protection the court must afford; on the evidence and adopting a broad‑brush approach the proper monthly deduction under s.43E(3)(b) is HK$24,730.

Citation
RE: LAM CHAM HO and EX PARTE: THE OFFICIAL RECEIVER
Parties
Applicant: Official Receiver; Bankrupt: Lam Cham Ho
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 May 1999
Case Number
HCB843/1998
Procedural Posture
Bankruptcy Proceedings / Judgment on Application for Income Payments Order Under S.43 E
Outcome
Income payments order made in the sum of HK$24,730 per month under s.43E(3)(b) of the Bankruptcy Ordinance.
Legal Topics
Income Payments Order, Maintenance Obligations, Statutory Interpretation of 'family' Under S.43 E
Source Language
EN
Bankruptcy Law Family Law Insolvency Income Payments Order Maintenance Obligations Statutory Interpretation of 'family' Under S.43 E

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Parties

Official Receiver

Applicant

Lam Cham Ho

Bankrupt

Procedural Posture

Bankruptcy Proceedings / Judgment on Application for Income Payments Order Under S.43 E

Legal Issues

  1. 1 Whether a former wife falls within 'family' for purposes of s.43E(2) of the Bankruptcy Ordinance
  2. 2 Whether the maintenance payment to the former wife may be treated as necessary for the bankrupt's family (children) and thus protected from deduction
  3. 3 Appropriate monthly deduction amount under s.43E(3)(b)

Ratio Decidendi

The court held that despite questions over whether a former wife is within 'family' under s.43E, maintenance payments to a former wife who has custody of the children may realistically provide for the children and thereby fall within the protection the court must afford; on the evidence and adopting a broad‑brush approach the proper monthly deduction under s.43E(3)(b) is HK$24,730.

Court Disposition

Income payments order made in the sum of HK$24,730 per month under s.43E(3)(b) of the Bankruptcy Ordinance.

Orders

  • Monthly deduction of HK$24,730 from the bankrupt's income to be paid to the Official Receiver pursuant to s.43E(3)(b)