Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 114 bankruptcy ordinance

Legal area

Court

8 Jul 2010

RE SUEN KIN NING

Citation

RE SUEN KIN NING
Court

Court of First Instance
Case number

HCB8042/2009

The court exercised its wide discretion under section 114 to order a partial remission of the Official Receiver's scale fees because the work done was minimal, producing a substantial disparity between scale fees (circa HK$2.1m) and actual work, and because partial remission balanced the Official Receiver's prima facie entitlement with the real hardship that full scale fees would cause; remission of HK$1.5m was ordered.
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.