Hong Kong Case Law: Decisions & Judgments

Topic

Living expenses allowance

Legal area

Court

1 Jun 2017

RE TANG YAT CHEUNG

Citation

RE TANG YAT CHEUNG
Court

Court of First Instance
Case number

HCB5436/2014

Where trustees have reasonably assessed a bankrupt's living expenses and the bankrupt fails to produce supporting documentary evidence that the allowance is inadequate, the court will not disturb the trustees' assessment except to the limited extent warranted by a demonstrated change in circumstances; an increase may be granted only to the extent that it does not unjustly prejudice creditors.
4 Sept 2015

SAMI SAID A ALANGARI v. CHEAH HANSON ALSO KNOWN AS HANSON CHEAH

Citation

SAMI SAID A ALANGARI v. CHEAH HANSON ALSO KNOWN AS HANSON CHEAH
Court

Court of First Instance
Case number

HCA2127/2012

The Mareva injunctions were varied to permit the defendant to withdraw HK$30,000 per month from specified Standard Chartered accounts and to permit supervised access to the safe‑deposit box for retrieval of identified identity documents because the plaintiff did not oppose retrieval, the defendant established exhaustion of previously permitted funds, and appropriate supervisory safeguards could prevent misuse; however the court declined to discharge the injunction sua sponte because Order 1B rule 2(3) required prior notice to the plaintiff.
2 Dec 2014

RE HO CHI KIT

Citation

RE HO CHI KIT
Court

Court of First Instance
Case number

HCB1084/2013

Applying the s.43E principles and balancing respect for trustees' judgment with changed circumstances (inflation and birth of a child), the court found an increase of $1,600 per month in the bankrupt's living expense allowance was justified and ordered it accordingly.
15 Dec 2005

LIU XIAN FENG SAM AND ANOTHER v. LIU BO AND OTHERS

Citation

LIU XIAN FENG SAM AND ANOTHER v. LIU BO AND OTHERS
Court

Court of First Instance
Case number

HCA5474/2001

Because the 1st defendant had no other funds and the solicitors' contingent arrangement did not establish available resources, and because the defence was not shown to be hopeless on the evidence heard, the court exercised its discretion to vary the injunction and permit limited withdrawals (HK$623,800) for living and legal expenses until 13 January 2006, balancing potential injustice to both parties.
14 May 1999

NG CHUNG HING t/a Ng Hing Kee Book and Newspaper Agency (Sole Proprietorship) v. WAN KIT AND OTHERS

Citation

NG CHUNG HING t/a Ng Hing Kee Book and Newspaper Agency (Sole Proprietorship) v. WAN KIT AND OTHERS
Court

Court of First Instance
Case number

HCA8951/1994

Application dismissed because the judge was satisfied a final judgment was imminent so there was no immediate need to vary the injunction, the defendants had already received substantial sums (HKD 3,360,000 in living expenses and HKD 2,310,000 in legal fees) totaling HKD 5,670,000, and the court was not satisfied the defendants could not fund the additional legal costs sought.

Hong Kong Case Law

RE TANG YAT CHEUNG

SAMI SAID A ALANGARI v. CHEAH HANSON ALSO KNOWN AS HANSON CHEAH

RE HO CHI KIT

LIU XIAN FENG SAM AND ANOTHER v. LIU BO AND OTHERS

NG CHUNG HING t/a Ng Hing Kee Book and Newspaper Agency (Sole Proprietorship) v. WAN KIT AND OTHERS