有關魏派真的事宜

有關魏派真的事宜

The application was dismissed because the bankrupt failed to demonstrate locus standi under s83 (no evidence the estate would yield a surplus for her), the dental evidence did not show urgent medical necessity, and the trustee's decision to retain the long service payment and refuse withdrawal was not irrational...

Source-derived case information.

Citation
[2021] HKCFI 775
Parties
Bankrupt/applicant: 魏派真; Trustee/respondent: 破產受託人; Director of Insolvency: 破產管理署署長
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 March 2021
Case Number
HCB5121/2019
Procedural Posture
Bankruptcy / Application Under Section 83 of the Bankruptcy Ordinance to Challenge Trustee Decision
Outcome
application dismissed
Legal Topics
Section 83 Bankruptcy Ordinance, Locus Standi, Trustee Discretion, Medical Expense Withdrawal From Insolvent Estate
Source Language
ch
Bankruptcy Law Civil Procedure Administrative Review of Trustee Decisions Section 83 Bankruptcy Ordinance Locus Standi Trustee Discretion Medical Expense Withdrawal From Insolvent Estate

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Parties

魏派真

Bankrupt/applicant

破產受託人

Trustee/respondent

破產管理署署長

Director of Insolvency

Procedural Posture

Bankruptcy / Application Under Section 83 of the Bankruptcy Ordinance to Challenge Trustee Decision

  1. 1 Whether the bankrupt has locus standi under s83 to challenge trustee decision
  2. 2 Whether the trustee's refusal to permit withdrawal for medical (dental implant) expenses was irrational or plainly wrong
  3. 3 Whether the medical evidence established urgency justifying withdrawal from the estate

Ratio Decidendi

The application was dismissed because the bankrupt failed to demonstrate locus standi under s83 (no evidence the estate would yield a surplus for her), the dental evidence did not show urgent medical necessity, and the trustee's decision to retain the long service payment and refuse withdrawal was not irrational such as to warrant court intervention.

Court Disposition

application dismissed

Orders

  • originating summons dismissed
  • no order as to costs