RE VINCENT KAY LO IP

RE VINCENT KAY LO IP

The Official Receiver was entitled to send letters to ascertain whether the Bankrupt would execute transfer documents for his interests in overseas properties; the letters were not improper substitutes for formal transfer documents and the OR did not act unreasonably or wrongly in sending them, therefore the...

Source-derived case information.

Citation
RE VINCENT KAY LO IP
Parties
Applicant (the Bankrupt): Vincent Kay Lo Ip; Respondent (trustee in Bankruptcy): Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 June 2008
Case Number
HCB1209/2000
Procedural Posture
Bankruptcy / Chambers Application / Decision
Outcome
Application dismissed
Legal Topics
Trustee Powers, Realisation of Overseas Assets, Transfer of Title, Procedural Fairness, Costs
Source Language
en
Bankruptcy Property Civil Procedure Trusts Trustee Powers Realisation of Overseas Assets Transfer of Title Procedural Fairness +1 more

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Parties

Vincent Kay Lo Ip

Applicant (the Bankrupt)

Official Receiver

Respondent (trustee in Bankruptcy)

Procedural Posture

Bankruptcy / Chambers Application / Decision

Legal Issues

  1. 1 Whether the Official Receiver was entitled to send letters requesting execution of transfer documents for the bankrupt's overseas property interests
  2. 2 Whether the letters could stand in place of proper transfer documentation
  3. 3 Whether the Official Receiver acted unreasonably or improperly in sending the letters

Ratio Decidendi

The Official Receiver was entitled to send letters to ascertain whether the Bankrupt would execute transfer documents for his interests in overseas properties; the letters were not improper substitutes for formal transfer documents and the OR did not act unreasonably or wrongly in sending them, therefore the Bankrupt's application to reverse the OR's conduct was dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Bankrupt to pay Official Receiver's costs of this application assessed at HK$14,875 forthwith