RE LIM OON KUIN

RE LIM OON KUIN

The court recognised the trustees appointed by the Singapore Court and granted them limited assistance powers in Hong Kong to request and receive documents and information, locate, protect, secure and take possession of moveable assets and records, investigate the bankrupts’ affairs, bring proceedings in Hong Kong...

Source-derived case information.

Citation
[2025] HKCFI 2896
Parties
Applicant Trustees: Mr Leow Quek Shiong and Ms Seah Roh Lin; Bankrupt: Lim Oon Kuin; Bankrupt: Lim Huey Ching; Third Party Bank: The Hongkong and Shanghai Banking Corporation Limited; Third Party Bank: Bank of China (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 July 2025
Case Number
HCMP660/2025
Procedural Posture
Recognition of Foreign Bankruptcy and Assistance to Foreign Trustees Under Inherent Jurisdiction / Ex Parte Originating Summons; Reasons for Judgment Delivered
Outcome
Originating summonses granted in part; recognition of trustees and limited assistance powers granted
Legal Topics
Recognition of Foreign Insolvency Proceedings, Assistance to Foreign Trustees, Inherent Jurisdiction, Vesting of Assets, Production of Documents and Investigation Powers
Source Language
en
Bankruptcy Insolvency Private International Law Civil Procedure Recognition of Foreign Insolvency Proceedings Assistance to Foreign Trustees Inherent Jurisdiction Vesting of Assets +1 more

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Parties

Mr Leow Quek Shiong and Ms Seah Roh Lin

Applicant Trustees

Lim Oon Kuin

Bankrupt

Lim Huey Ching

Bankrupt

The Hongkong and Shanghai Banking Corporation Limited

Third Party Bank

Bank of China (Hong Kong) Limited

Third Party Bank

Procedural Posture

Recognition of Foreign Bankruptcy and Assistance to Foreign Trustees Under Inherent Jurisdiction / Ex Parte Originating Summons; Reasons for Judgment Delivered

Legal Issues

  1. 1 Whether the Hong Kong court should recognise trustees appointed by the Singapore Court
  2. 2 Whether the court may grant assistance and ancillary powers to foreign trustees under its inherent jurisdiction
  3. 3 Whether ex parte procedure was appropriate

Ratio Decidendi

The court recognised the trustees appointed by the Singapore Court and granted them limited assistance powers in Hong Kong to request and receive documents and information, locate, protect, secure and take possession of moveable assets and records, investigate the bankrupts’ affairs, bring proceedings in Hong Kong and retain professionals; ex parte relief was appropriate given no order was sought against third parties and the requisite conditions under Re Phillip and IRDA s.327 were satisfied.

Court Disposition

Originating summonses granted in part; recognition of trustees and limited assistance powers granted

Orders

  • The appointment of the Plaintiffs as the Joint and Several Trustees of Lim Huey Ching’s bankruptcy estate pursuant to an order of the General Division of the High Court of Singapore dated 19 December 2024 (HC/ORC 6731/2024; HC/B 3859/2024) is recognised by the High Court of the Hong Kong Special Administrative Region.
  • The Plaintiffs may in Hong Kong request and receive from third parties documents and information belonging to or to which the Bankrupt is entitled; locate, protect, secure and take into their possession and control moveable assets within the jurisdiction; locate, protect, secure and take into possession books,...