23 Dec 2014
LO SHING KIN v. SY CHIN MONG STEPHEN
- Citation
- LO SHING KIN v. SY CHIN MONG STEPHEN
- Court
- Court of Final Appeal
- Case number
- FACV16/2013
The court concluded that a payment into court as security for costs makes the payee a secured creditor to the extent of the payment; costs liabilities arising from litigation commenced before bankruptcy are provable debts if they stem from obligations incurred before the bankruptcy order, therefore the respondent is a secured creditor to the extent of the costs payable and may rely on the security; the trustee must bear the costs of the contested dispute but is indemnified by the estate.