Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Costs when appeal affected by bankruptcy
  • 23 Jan 2018

    星展銀行(香港)有限公司 對 CHENG MEI LING及另四人

    Citation
    [2018] HKCA 33
    Court
    Court of Appeal
    Case number
    CACV233/2017

    Because the bankruptcy order had been made before the appeal was filed, the bankrupt's right to pursue the appeal vested in the Official Receiver under Bankruptcy Ordinance s58(1); the Official Receiver informed the court she would not pursue or assign the appeal, and the court found no basis to override that position, therefore the appeal was dismissed.

    • Vesting of rights in bankruptcy
    • Standing to appeal by bankrupt
    • Official receiver discretion
    • Costs when appeal affected by bankruptcy