NG WING SHING v. SECRETARY FOR JUSTICE

NG WING SHING v. SECRETARY FOR JUSTICE

Leave to appeal was granted because it was arguable that the Government's exclusion of salary and pension from its proof of debt operated as a surrender of that security (or at least gave rise to estoppel or restitutionary claims) and that the trial judge may therefore have erred in concluding there was no viable cause of action; the procedural history (payments to the Official Receiver and subsequent withdrawal of the proof) raised triable issues of fact and law deserving appellate consideration.

Citation
NG WING SHING v. SECRETARY FOR JUSTICE
Parties
Plaintiff/appellant: NG WING SHING; Defendant/respondent: SECRETARY FOR JUSTICE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 2006
Case Number
HCMP1236/2006
Procedural Posture
Application for Leave to Appeal to the Court of Appeal / Hearing and Reasons for Judgment; Leave to Appeal Granted
Outcome
Leave to appeal granted
Legal Topics
Proof of Debt, Surrender of Security, Approbation and Reprobation, Estoppel, Money Had and Received, Salary and Pension Attachment, Withdrawal of Proof of Debt, Leave to Appeal
Source Language
EN
Bankruptcy Law Secured Transactions Equity and Estoppel Civil Procedure Proof of Debt Surrender of Security Approbation and Reprobation Estoppel +4 more

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Parties

NG WING SHING

Plaintiff/appellant

SECRETARY FOR JUSTICE

Defendant/respondent

Procedural Posture

Application for Leave to Appeal to the Court of Appeal / Hearing and Reasons for Judgment; Leave to Appeal Granted

Legal Issues

  1. 1 Whether the Government surrendered its security over the plaintiff's salary and pension by excluding it from its proof of debt
  2. 2 Whether the Government could withdraw its proof of debt after receiving dividends and after the plaintiff had relied on its position to his detriment
  3. 3 Whether the plaintiff has viable causes of action including money had and received, estoppel or recovery of incorrectly charged interest

Ratio Decidendi

Leave to appeal was granted because it was arguable that the Government's exclusion of salary and pension from its proof of debt operated as a surrender of that security (or at least gave rise to estoppel or restitutionary claims) and that the trial judge may therefore have erred in concluding there was no viable cause of action; the procedural history (payments to the Official Receiver and subsequent withdrawal of the proof) raised triable issues of fact and law deserving appellate consideration.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal granted
  • Costs of the application to be costs in the appeal