RE TO CHUCK LAI

RE TO CHUCK LAI

Under section 114(2) the court exercised its wide discretion to remit part of the statutory fees payable to the Official Receiver, having found the estate was administered summarily, the bankrupt had been making regular payments, the bankrupt had dependents and limited ongoing means, and the Official Receiver's...

Source-derived case information.

Citation
RE TO CHUCK LAI
Parties
Bankrupt / Applicant: Chuck Lai; Respondent: Official Receiver; Judge: Hon Cheung J (P. Cheung)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 2000
Case Number
HCB849/1995
Procedural Posture
Bankruptcy / Application to Remit Official Receiver Fees Under Section 114(2) of the Bankruptcy Ordinance Decision
Outcome
Application granted: fees remitted and Official Receiver entitled to HKD100,000; no order as to costs; leave to publish granted.
Legal Topics
Remission of Fees, Official Receiver Fees, Section 114 Bankruptcy Ordinance, Compromise of Statutory Fees, Discretionary Relief and Fresh Start
Source Language
en
Bankruptcy Statutory Interpretation Administrative Law Remission of Fees Official Receiver Fees Section 114 Bankruptcy Ordinance Compromise of Statutory Fees Discretionary Relief and Fresh Start

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Parties

Chuck Lai

Bankrupt / Applicant

Official Receiver

Respondent

Hon Cheung J (P. Cheung)

Judge

Procedural Posture

Bankruptcy / Application to Remit Official Receiver Fees Under Section 114(2) of the Bankruptcy Ordinance Decision

Legal Issues

  1. 1 Whether the Official Receiver has power to compromise prescribed statutory fees
  2. 2 Whether the court may remit part of the Official Receiver's fees under section 114(2) of the Bankruptcy Ordinance
  3. 3 What factors justify remission of fees in bankruptcy administration

Ratio Decidendi

Under section 114(2) the court exercised its wide discretion to remit part of the statutory fees payable to the Official Receiver, having found the estate was administered summarily, the bankrupt had been making regular payments, the bankrupt had dependents and limited ongoing means, and the Official Receiver's estimated actual costs were substantially lower than the statutory fee; accordingly the court reduced the Official Receiver's entitlement from HKD290,391.86 to HKD100,000.

Court Disposition

Application granted: fees remitted and Official Receiver entitled to HKD100,000; no order as to costs; leave to publish granted.

Orders

  • Out of the sum of HKD290,391.86 the Official Receiver is entitled to HKD100,000 as his fees
  • Application to remit fees granted