Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Accrued maintenance

  • 21 Feb 2014

    RE TAM MEI KAM

    Citation
    RE TAM MEI KAM
    Court
    Court of First Instance
    Case number
    HCB3777/2011

    The court held that an IPO under s43E can claim accrued maintenance and income to which the bankrupt is entitled during bankruptcy even if entitlement arose before the IPO or bankruptcy, provided the income has not been paid out or the bankrupt is not discharged; the trustees' IPO was not struck out and was allowed to claim the bulk of maintenance subject to a deduction for the bankrupt's assessed reasonable domestic needs; the trustees were not removed for misconduct.

  • 21 Feb 2014

    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS

    Citation
    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP2981/2004

    The court held that s43E permits an IPO to claim income which the bankrupt is or becomes entitled to during bankruptcy even if entitlement arose before the IPO; the words "during the period for which the order is in force" relate to enforcement of the order not to limit the definition of income in s43E(6). An IPO could therefore claim the accrued maintenance that was suspended, subject to protecting the bankrupt's reasonable domestic needs. The trustees' IPO was therefore not struck out and trustees were not removed.