Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Assignment of causes of action on bankruptcy

Legal area

Court

1 Aug 2018

WONG TAK MING v. 趙江龍 carrying on business in the firm name of CHAPTER (CHINA) LTD AND ANOTHER

Citation

[2018] HKCFI 1866
Court

Court of First Instance
Case number

HCA1378/2017

The appeal is dismissed for want of prosecution because the plaintiff is bankrupt and any cause of action and the right to proceed with the appeal passed to the trustees in bankruptcy; the late notice to act in person did not cure the absence of the proper prosecuting party and the court relied on the procedural rule and authorities cited in Hong Kong Civil Procedure 2018 para 15/7/10.
15 Aug 2014

THE KWANGTUNG PROVINCIAL BANK v. CHUNG SUN KWAN AND ANOTHER

Citation

THE KWANGTUNG PROVINCIAL BANK v. CHUNG SUN KWAN AND ANOTHER
Court

Court of Appeal
Case number

CACV64/2014

The court held that there was inordinate and inexcusable delay by reason of a ten-year failure to advance the third party proceedings, that the delay caused prejudice (loss of documents, fading memories, difficulty in adducing evidence) creating a substantial risk of an unfair trial, and that the defendant could not be insulated from the Official Receiver's conduct after bankruptcy because causes of action vested in the trustee; accordingly the third party claim must be struck out and the third party action dismissed.