葉茂基 對 黃錦添

葉茂基 對 黃錦添

Because the appellant's right to apply for leave to appeal and to pursue the appeal vested in the Official Receiver on the bankruptcy date (17 May 2018) and did not revert on discharge, the appellant lacked locus to continue the leave application absent the Official Receiver's consent; the Official Receiver declined...

Source-derived case information.

Citation
[2024] HKCA 1103
Parties
Appellant: YIP MAU KEI (葉茂基); Respondent: WONG KAM TIM (黃錦添); Interested Party: Official Receiver and Trustee (Director of Insolvency)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 November 2024
Case Number
CAMP127/2023
Procedural Posture
Civil Appeal (leave to Appeal) From District Court Personal Injury Judgment / Interlocutory Application to Withdraw Leave to Appeal; Decided on Papers Under Rules of the High Court Order 59 R.14 a
Outcome
Application for leave to appeal withdrawn/dismissed for want of locus; 28 March 2023 summons withdrawn.
Legal Topics
Vesting of Causes of Action on Bankruptcy, Effect of Discharge on Vested Litigation Rights, Standing/authority to Prosecute Appeal, Withdrawal of Proceedings, Costs Orders
Source Language
ch
Bankruptcy and Insolvency Civil Procedure Appeals Vesting of Causes of Action on Bankruptcy Effect of Discharge on Vested Litigation Rights Standing/authority to Prosecute Appeal Withdrawal of Proceedings Costs Orders

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Parties

YIP MAU KEI (葉茂基)

Appellant

WONG KAM TIM (黃錦添)

Respondent

Official Receiver and Trustee (Director of Insolvency)

Interested Party

Procedural Posture

Civil Appeal (leave to Appeal) From District Court Personal Injury Judgment / Interlocutory Application to Withdraw Leave to Appeal; Decided on Papers Under Rules of the High Court Order 59 R.14 a

  1. 1 Whether the bankrupt retained the right to pursue the leave to appeal and appeal after a bankruptcy order and subsequent discharge
  2. 2 Whether the Official Receiver/Trustee must consent to the continuation or transfer of the bankrupt's litigation rights and may refuse or withdraw consent
  3. 3 Whether the leave to appeal application should be dismissed/withdrawn and whether any costs order should be made

Ratio Decidendi

Because the appellant's right to apply for leave to appeal and to pursue the appeal vested in the Official Receiver on the bankruptcy date (17 May 2018) and did not revert on discharge, the appellant lacked locus to continue the leave application absent the Official Receiver's consent; the Official Receiver declined consent and sought withdrawal; therefore the leave application is to be withdrawn/dismissed and no costs order is made.

Court Disposition

Application for leave to appeal withdrawn/dismissed for want of locus; 28 March 2023 summons withdrawn.

Orders

  • The leave to appeal application and the 28 March 2023 summons are revoked/withdrawn.
  • No costs order is made in respect of the 28 March 2023 summons and the 27 August 2024 summons.