RE LEE PRISCILLA HWANG

RE LEE PRISCILLA HWANG

The court held the trustees established that the documents sought (specific items in the 1st and 2nd Schedules and items 1 and 4 of the 3rd Schedule) were reasonably required to enable them to carry out their functions and that Gardener should be examined under s29; the balance against oppression and proportionality favoured disclosure and examination on the facts presented, and costs were awarded to the trustees.

Citation
RE LEE PRISCILLA HWANG
Parties
Applicant (trustees): John Robert Lees and Mat Ng (Joint and Several Trustees, John Lees Associates / JLA Asia Limited); Respondent (company): Oasis Consulting HK Limited; Respondent (former General Manager / Third Party Witness): Richard Andrew Henry Gardener; Respondent (solicitor / Representative): Choi Shui Hung (Benjamin Choi); Respondent (bankrupt): Lee Priscilla Hwang (Priscilla Lee); Respondent (bankrupt): Lee Raymond Cho Min (Raymond Lee)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 2012
Case Number
HCB7452/2009
Procedural Posture
Bankruptcy – Applications Under Section 29 Bankruptcy Ordinance / Interlocutory Summons for Production of Documents and Examination Under S29 (chambers Hearing, Final Decision on Summonses)
Outcome
Applications granted in part in favour of the trustees; specified production orders made and Gardener ordered to be examined; costs ordered to trustees (nisi).
Legal Topics
Production of Documents, Examination Under Oath, Trustees Powers of Inquiry, Discovery, Proportionality and Oppression, Income Payment Orders
Source Language
EN
Bankruptcy Law Insolvency Company Law Civil Procedure Trusts and Estates Production of Documents Examination Under Oath Trustees Powers of Inquiry +3 more

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Parties

John Robert Lees and Mat Ng (Joint and Several Trustees, John Lees Associates / JLA Asia Limited)

Applicant (trustees)

Oasis Consulting HK Limited

Respondent (company)

Richard Andrew Henry Gardener

Respondent (former General Manager / Third Party Witness)

Choi Shui Hung (Benjamin Choi)

Respondent (solicitor / Representative)

Lee Priscilla Hwang (Priscilla Lee)

Respondent (bankrupt)

Lee Raymond Cho Min (Raymond Lee)

Respondent (bankrupt)

Procedural Posture

Bankruptcy – Applications Under Section 29 Bankruptcy Ordinance / Interlocutory Summons for Production of Documents and Examination Under S29 (chambers Hearing, Final Decision on Summonses)

Legal Issues

  1. 1 Whether documents specified in the three schedules are reasonably required by the trustees under s29 to enable them to perform their functions
  2. 2 Whether third parties (Oasis, Gardener, Benjamin Choi) are prima facie able to produce the requested documents
  3. 3 Whether Gardener should be examined under s29 despite assertions of confidentiality and employment duty

Ratio Decidendi

The court held the trustees established that the documents sought (specific items in the 1st and 2nd Schedules and items 1 and 4 of the 3rd Schedule) were reasonably required to enable them to carry out their functions and that Gardener should be examined under s29; the balance against oppression and proportionality favoured disclosure and examination on the facts presented, and costs were awarded to the trustees.

Court Disposition

Applications granted in part in favour of the trustees; specified production orders made and Gardener ordered to be examined; costs ordered to trustees (nisi).

Orders

  • Oasis to produce documents referred to in items 1, 2, 5, 6 and 7 of the 1st Schedule as sought and in terms of paragraphs (3) and (4) of that summons
  • Oasis to produce documents referred to in items 1, 2, 3, 7, 8, 9 and 10 of the 2nd Schedule as sought and in terms of paragraphs (3) and (4) of that summons