24 May 2002
Section 84 Bankruptcy Ordinance proceedings are judicial and inter partes and attract costs under rule 32A; Yuen J therefore had jurisdiction and discretion to order costs and under s14(3)(e) High Court Ordinance leave is required to appeal such a costs order; accordingly the appeal is dismissed.
7 Jun 2001
Leave to appeal under s.14(3)(e) High Court Ordinance was required for the appeal against the 2 May 2001 costs order; because the applicant did not obtain leave the Notice of Appeal filed on 4 May 2001 was invalid and the Court of Appeal lacked jurisdiction to entertain it.
2 May 2001
Section 84 of the Bankruptcy Ordinance establishes a court hearing for complaints against trustees and contains no express exemption from costs; therefore the court has jurisdiction to award costs against a complainant and, applying the ordinary rule in Bankruptcy Rules r.32A, costs should follow the event, so the order nisi is made absolute and the applicant bears costs.