THOMAS VINCENT v. CHEUNG LAI SHUEN AND ANOTHER

THOMAS VINCENT v. CHEUNG LAI SHUEN AND ANOTHER

Because the Action was a hybrid claim including loss of earnings, the cause of action vested in the trustee (Official Receiver) on the bankruptcy order; the plaintiff therefore lacked locus to continue or amend the action without the trustee’s consent, and the Master’s directions premised on the plaintiff conducting the Action were inappropriate and were set aside.

Citation
THOMAS VINCENT v. CHEUNG LAI SHUEN AND ANOTHER
Parties
Plaintiff: Thomas Vincent; 1st Defendant: Cheung Lai Shuen; 2nd Defendant: Hon Wing Hoi; Appellant/trustee in Bankruptcy: Official Receiver
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 May 2016
Case Number
DCPI2230/2014
Procedural Posture
Personal Injuries; Bankruptcy / Appeal Against Master’s Case Management Directions (checklist Review)
Outcome
Relevant first to fourth directions made by the Master on 27 November 2015 set aside; matter remitted for a Checklist Review hearing to be arranged within eight weeks; Official Receiver as trustee may take steps to dispose of the Action.
Legal Topics
Vesting of Causes of Action in Bankruptcy, Hybrid Claims (personal and Pecuniary), Locus Standi to Amend Pleadings After Bankruptcy, Case Management Directions, Costs
Source Language
EN
Bankruptcy Law Civil Procedure Personal Injury Law Vesting of Causes of Action in Bankruptcy Hybrid Claims (personal and Pecuniary) Locus Standi to Amend Pleadings After Bankruptcy Case Management Directions Costs

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Parties

Thomas Vincent

Plaintiff

Cheung Lai Shuen

1st Defendant

Hon Wing Hoi

2nd Defendant

Official Receiver

Appellant/trustee in Bankruptcy

Procedural Posture

Personal Injuries; Bankruptcy / Appeal Against Master’s Case Management Directions (checklist Review)

Legal Issues

  1. 1 Whether a personal injury action that includes loss of earnings (a hybrid claim) vests in the trustee (Official Receiver) after a bankruptcy order
  2. 2 Whether the bankrupt plaintiff retained locus to amend or continue the action and whether the Master’s case management directions were appropriate given the OR’s stance

Ratio Decidendi

Because the Action was a hybrid claim including loss of earnings, the cause of action vested in the trustee (Official Receiver) on the bankruptcy order; the plaintiff therefore lacked locus to continue or amend the action without the trustee’s consent, and the Master’s directions premised on the plaintiff conducting the Action were inappropriate and were set aside.

Court Disposition

Relevant first to fourth directions made by the Master on 27 November 2015 set aside; matter remitted for a Checklist Review hearing to be arranged within eight weeks; Official Receiver as trustee may take steps to dispose of the Action.

Orders

  • Set aside the relevant first to fourth directions contained in the Master’s 2nd Checklist Review Order dated 27 November 2015
  • Arrange a Checklist Review hearing within 8 weeks from the date of the decision