Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Expungement of proof

Legal area

Court

27 Mar 2014

RE LEHMAN BROTHERS COMMERCIAL CORPORATION ASIA LTD

Citation

RE LEHMAN BROTHERS COMMERCIAL CORPORATION ASIA LTD
Court

Court of First Instance
Case number

HCCW441/2008

The court accepted the liquidators' reassessment and held it had clear jurisdiction under Winding-up Rule 96 to reduce and expunge the specified proofs of debt and that, following equitable common law principles (as explained in Re Searle and reconciled with Ex Parte Harper), the liquidators may effect an effective set-off by deducting overpaid interim dividends from future dividends until full credit is given; accordingly the orders sought were made.
19 Feb 1987

GEORGE MOORE v. THE OFFICIAL RECEIVER AND TRUSTEE OP THE ESTATE OF TBE BANKRUPT, HASSOMAL GAGANMAL MOORJANI ALIAS TOM MOORE

Citation

GEORGE MOORE v. THE OFFICIAL RECEIVER AND TRUSTEE OP THE ESTATE OF TBE BANKRUPT, HASSOMAL GAGANMAL MOORJANI ALIAS TOM MOORE
Court

Court of Appeal
Case number

CACV158/1986

The Official Receiver did not err in rejecting the proof because the bankrupt denied the debt and the appellant's documentary evidence did not establish indebtedness or acknowledgment by the bankrupt; although the Official Receiver delayed and breached the Rule 22 formal requirement, the delay did not grant the appellant substantive rights and, if necessary, the Court would expunge any improperly admitted proof under r.23, therefore the appeal is dismissed.