Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Income payments order (ipo)

Legal area

Court

11 Aug 2014

RE TAM MEI KAM

Citation

RE TAM MEI KAM
Court

Court of Appeal
Case number

CACV39/2014

The Court affirmed the order requiring security for costs because the appellant is impecunious, there is a real risk an adverse costs order would further deplete the bankruptcy estate to the prejudice of creditors, the trustees have a statutory and common‑law duty to protect creditors' interests, and a preliminary assessment showed no strong merits in the appeal; accordingly it was just to require security (including estimated interlocutory costs).
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.