Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Official receiver fees

  • 21 Oct 2022

    RE G W ELECTRONICS CO LTD

    Citation
    [2022] HKCA 1590
    Court
    Court of Appeal
    Case number
    CACV367/2021

    The Court of Appeal held that the ad valorem fee under CFPO Schedule 3 Table B Item I is payable in respect of assets realised and brought to credit by the Official Receiver acting as provisional liquidator under s194(1)(a); the Official Receiver's omission to disclose the fee did not extinguish the statutory liability and she was entitled to pursue the fee by means of the 1st Summons; the Conditional Stay Order should be construed to include the ad valorem fee as part of 'Liquidation Expenses'; the second appeal was allowed and the declaration and consequential order were made accordingly.

  • 21 Oct 2022

    RE G W ELECTRONICS CO LTD

    Citation
    [2022] HKCA 1590
    Court
    Court of Appeal
    Case number
    CACV82/2021

    The ad valorem fee under CFPO Schedule 3 Table B Item I is payable in respect of assets realised and brought to credit by the Official Receiver acting as provisional liquidator under s194(1)(a); the fee is a mandatory statutory charge recoverable as debt; the court was not functus officio to the limited extent necessary to determine whether 'Liquidation Expenses' in the Conditional Stay Order included the ad valorem fee, and the Official Receiver was entitled to pursue the 1st Summons; accordingly the Court of Appeal declared that the Liquidation Expenses include the ad valorem fee and ordere…

  • 22 Sept 2010

    RE CHEUNG FUNG MEI

    Citation
    RE CHEUNG FUNG MEI
    Court
    Court of First Instance
    Case number
    HCB6660/2009

    The Official Receiver is entitled to recover fees and charges under Cap.6C for administration and separately to recover costs for the annulment applications under the court's discretion; the OR demonstrated that time costs exceeded the statutory minimum in each case and may therefore charge the specified miscellaneous expenses; the OR's costs for each annulment are fixed at $5,000; objections by the bankrupts are dismissed.

  • 12 Jun 2000

    RE TO CHUCK LAI

    Citation
    RE TO CHUCK LAI
    Court
    Court of First Instance
    Case number
    HCB849/1995

    Under section 114(2) the court exercised its wide discretion to remit part of the statutory fees payable to the Official Receiver, having found the estate was administered summarily, the bankrupt had been making regular payments, the bankrupt had dependents and limited ongoing means, and the Official Receiver's estimated actual costs were substantially lower than the statutory fee; accordingly the court reduced the Official Receiver's entitlement from HKD290,391.86 to HKD100,000.

  • 19 Jul 1989

    LAM KAM SING v. THE TRUSTEE OF THE ESTATE OF THE BANKRUPTCY AND ANOTHER

    Citation
    LAM KAM SING v. THE TRUSTEE OF THE ESTATE OF THE BANKRUPTCY AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCB653/1986

    The court held that the legislature intended the Official Receiver to be entitled to charge fees and expenses under Item 1(a) of Table B of the Bankruptcy (Fees and Percentages) Order for work done in administration under s78(1); such charges are distinct from litigation costs and are recoverable under section 37, therefore the Official Receiver's claimed costs and expenses are allowed under Item 1(a).