澳門第一環球國際有限公司 對 丁小紅及另二人

澳門第一環球國際有限公司 對 丁小紅及另二人

The application was adjourned because of procedural deficiencies: the subpoena and affidavits were not properly served upon the Official Receiver and other interested parties, giving them insufficient time to respond; the court would not resolve the substantive bankruptcy objection without hearing the Official Receiver; the proposed non‑lawyer representative was refused for lack of adequate medical evidence. The court issued directions for proper service and timed filing of opposing and reply affidavits and listed the matter for further hearing.

Citation
[2019] HKCFI 2099
Parties
Original Plaintiff; 2nd Defendant (counterclaim): MACAU FIRST UNIVERSAL INTERNATIONAL LIMITED（澳門第一環球國際有限公司）; 1st Defendant (original Action): DING XIAOHONG（丁小紅）; 2nd Defendant (original Action); Plaintiff (counterclaim): DING YU（丁育）; 3rd Defendant (original Action): HONG KONG FIRST MAINLAND COMPANY LIMITED（香港第一大陸有限公司）; 1st Defendant (counterclaim): DING GANG（丁鋼）
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 August 2019
Case Number
HCA992/2010
Procedural Posture
Civil Originating Action With Counterclaim / Interim Application for Production of Documents; Directions Hearing (adjourned)
Outcome
Application adjourned; directions issued; request for representation by Mr Zhou refused; costs reserved
Legal Topics
Production of Documents, Service of Subpoena and Affidavits, Official Receiver / Bankrupt's Estate, Court Representation, Adjournment and Case Management
Source Language
CH
Civil Procedure Insolvency (bankruptcy) Evidence Civil Litigation Service and Representation Production of Documents Service of Subpoena and Affidavits Official Receiver / Bankrupt's Estate Court Representation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

MACAU FIRST UNIVERSAL INTERNATIONAL LIMITED（澳門第一環球國際有限公司）

Original Plaintiff; 2nd Defendant (counterclaim)

DING XIAOHONG（丁小紅）

1st Defendant (original Action)

DING YU（丁育）

2nd Defendant (original Action); Plaintiff (counterclaim)

HONG KONG FIRST MAINLAND COMPANY LIMITED（香港第一大陸有限公司）

3rd Defendant (original Action)

DING GANG（丁鋼）

1st Defendant (counterclaim)

Procedural Posture

Civil Originating Action With Counterclaim / Interim Application for Production of Documents; Directions Hearing (adjourned)

Legal Issues

  1. 1 Whether applicant may obtain documents by subpoena for use in foreign (Shanghai) proceedings
  2. 2 Whether documents sought are controlled by the bankruptcy estate such that the Official Receiver's consent is required
  3. 3 Whether procedural defects — inadequate service on parties and Official Receiver — justify adjournment

Ratio Decidendi

The application was adjourned because of procedural deficiencies: the subpoena and affidavits were not properly served upon the Official Receiver and other interested parties, giving them insufficient time to respond; the court would not resolve the substantive bankruptcy objection without hearing the Official Receiver; the proposed non‑lawyer representative was refused for lack of adequate medical evidence. The court issued directions for proper service and timed filing of opposing and reply affidavits and listed the matter for further hearing.

Court Disposition

Application adjourned; directions issued; request for representation by Mr Zhou refused; costs reserved

Orders

  • Request for Mr Zhou to represent Ding Yu refused
  • Ding Yu to serve within 7 days on Ding Xiaohong, Hong Kong First Mainland Company Limited, Ding Gang and the Official Receiver: (a) the application subpoena dated 19 July 2019; (b) the affidavit filed by Ding Yu dated 19 July 2019; (c) all letters between Ding Yu and/or Duan & Duan law firm and the Court from 5...