30 Nov 1994
LI NGAN SHUI, BRUMEN v. A.R. HEARDER
- Citation
- LI NGAN SHUI, BRUMEN v. A.R. HEARDER
- Court
- Court of Appeal
- Case number
- CACV89/1994
On proper construction of the Bankruptcy Ordinance a trustee in bankruptcy does not have a private common law action for breach of statutory duty; claims must proceed under s.83 (and s.73 bars ordinary actions for dividends). Further, the statements circulated by the Official Receiver/trustee in calling a creditors' meeting pursuant to a court order were made as an officer of the court and attract absolute privilege; therefore the defamation claim had no real prospect. The statement of claim was properly struck out and the appeal dismissed.