Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Misconduct of trustees

Legal area

Court

11 Dec 2019

LEE SIU FUNG, SIEGFRIED v. ALAN CHUNG WAH TANG AND OTHERS

Citation

[2019] HKCFI 2984
Court

Court of First Instance
Case number

HCB345/2001

Application dismissed because applicant failed to show prima facie relevance of the documents to the pleaded grounds for removal; the summons amounted to a fishing expedition and there was no evidence funds of David Ho were applied to LSF's bankruptcy after Ho's adjudication, so discovery was not justified; standing issue unnecessary to decide given dismissal on merits.
26 Sept 2013

RE LUU HUNG VEIT DERRICK

Citation

RE LUU HUNG VEIT DERRICK<br>
Court

Court of First Instance
Case number

HCB4776/2011

The court found that on the material before it the trustees' continued treatment of Toggenburger as a creditor (based on an asserted assignment and documents) did not amount to misconduct or an inability to act impartially and was not a proper basis for removal under s96(2). The trustees' conduct in relation to the appeal and funding did not impugn their office; major creditors supported the trustees. Accordingly no statutory ground for removal was established and the application was dismissed.