Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trustee refusal to prosecute
  • 18 Sept 2017

    FIRST ASIA FINANCE LTD v. TSOI TIN KWAN FANNY

    Citation
    FIRST ASIA FINANCE LTD v. TSOI TIN KWAN FANNY
    Court
    Court of Appeal
    Case number
    CACV149/2015

    The court held that there is no principled basis to deny respondents an order for costs simply because the appellant was adjudicated bankrupt and the trustee declined to prosecute; costs should be ordered against the appellant and, if taxed upon leave from the bankruptcy court, will be provable debts; accordingly the appellant was ordered to pay the respondents' costs, to be taxed if leave is obtained, and no costs order was made between the Official Receiver and the respondents.