王桂芬 對 黃嘉鍚及黃嘉霖，破產人王桂芬的財產各別及共同受託人

王桂芬 對 黃嘉鍚及黃嘉霖，破產人王桂芬的財產各別及共同受託人

The trustee's refusal to accept the bankrupt's unsubstantiated claim and his demand that the items be returned was within his statutory powers and was not plainly wrong or irrational; therefore the court will not intervene under s83 and the bankruptcy applicant's challenge is dismissed.

Citation
[2019] HKCFI 1627
Parties
Bankrupt (applicant): 王桂芬; Trustee (respondent): 破產受託人
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 June 2019
Case Number
HCB6136/2017
Procedural Posture
Bankruptcy Application Under Bankruptcy Ordinance S83 / Hearing on S83 Application (interlocutory Application to Challenge Trustee's Decision)
Outcome
Application dismissed
Legal Topics
Voidable Transactions (transfer at Undervalue), Vesting of Property on Bankruptcy, Trustee Powers and Duties, Judicial Review of Trustee Decisions Under S83
Source Language
CH
Bankruptcy Law Insolvency Property Law Civil Procedure Voidable Transactions (transfer at Undervalue) Vesting of Property on Bankruptcy Trustee Powers and Duties Judicial Review of Trustee Decisions Under S83

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Parties

王桂芬

Bankrupt (applicant)

破產受託人

Trustee (respondent)

Procedural Posture

Bankruptcy Application Under Bankruptcy Ordinance S83 / Hearing on S83 Application (interlocutory Application to Challenge Trustee's Decision)

Legal Issues

  1. 1 Whether the trustee was entitled to refuse the bankrupt's explanation and demand return of items removed from a safe deposit box within five years before the bankruptcy petition
  2. 2 Whether the court should intervene under s83 to overturn the trustee's decision
  3. 3 Whether the items, claimed to belong to the deceased mother, should be treated as not forming part of the bankrupt's estate without objective proof

Ratio Decidendi

The trustee's refusal to accept the bankrupt's unsubstantiated claim and his demand that the items be returned was within his statutory powers and was not plainly wrong or irrational; therefore the court will not intervene under s83 and the bankruptcy applicant's challenge is dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No order as to costs