Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Priority of expenses

Legal area

Court

18 Jun 2002

Re Yun Yip Auto Services Ltd.

Citation

Re Yun Yip Auto Services Ltd.
Court

Court of First Instance
Case number

HCCW84/1990

The court concluded that Cheung J had previously exercised its discretion under section 220 to accord the Special Managers' expenses equal priority with the Official Receiver and, in the absence of any material change in circumstances, allowed variation of the monetary ceiling to HK$350,000 without re-exercising the discretion; the retention of counsel by the Special Managers was ratified and costs were ordered as per the summons.
28 Jul 1982

RE MADAM YAU CHUK YING

Citation

RE MADAM YAU CHUK YING
Court

Court of First Instance
Case number

HCB73/1981

The court held that the company-liquidator principle does not automatically apply to bankruptcy interim receivers; on the facts the Official Receiver did not take or retain possession of the leasehold premises "for the convenience of" the bankruptcy or to realise the assets to better advantage, therefore the unpaid rent for the period in issue was not an expense under s.37(1) and was provable only as an ordinary debt.