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Hong Kong Case Law

Interpretation of bankruptcy ordinance s12(1) and s108
  • 20 Jun 1991

    HONG LEONG INVESTMENT CO. LTD. v. THE TAI PING INSURANCE CO. LTD. AND OTHERS

    Citation
    HONG LEONG INVESTMENT CO. LTD. v. THE TAI PING INSURANCE CO. LTD. AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV27/1991

    The Court allowed the appeal and restored the Master's order because Order 15 empowered joinder of the trustee where necessary to determine all disputes, and the joinder did not infringe s12(1) of the Bankruptcy Ordinance since the order did not grant any remedy against the bankrupt's property or person; therefore the trustee could be added to allow resolution of interrelated claims including contribution or indemnity.

    • Joinder of parties
    • Addition of trustee as defendant
    • Construction and effect of bond/guarantee
    • Certificate of practical completion
    • Interpretation of bankruptcy ordinance s12(1) and s108