17 Jun 1997
EX PARTE THE OFFICIAL RECEIVER, THE TRUSTEE OF THE PROPERTY OF JOHNNY YIU v. TOPMA (HONG KONG) CO LTD
- Citation
- EX PARTE THE OFFICIAL RECEIVER, THE TRUSTEE OF THE PROPERTY OF JOHNNY YIU v. TOPMA (HONG KONG) CO LTD
- Court
- Court of First Instance
- Case number
- HCB179/1996
Seizure and retention of the debtor's goods by the Bailiff for more than 21 days (excluding interpleader period) constituted an available act of bankruptcy under s.3(1)(e); notice of that act was imputable to the execution creditor under s.45(1) and, construing s.46(2) purposively, the petition presented in the circumstances operated so that the proceeds of the 29 April 1996 sale (after bailiff costs) are payable to the trustee in bankruptcy together with any accrued interest; the court declined to exercise its discretionary power to set aside the trustee's statutory entitlement in favour of…