30 Mar 2011
RE FUNG CHI FONG
- Citation
- RE FUNG CHI FONG
- Court
- Court of First Instance
- Case number
- HCB4235/2000
The court held the petitioner was a creditor of the estate not a creditor of the deceased within s112 because the maintenance debt arose after death and relation‑back fiction was disapplied; therefore the court lacked jurisdiction to make the administration order and it must be rescinded. The correct test for sufficiency under s112 is a balance‑sheet assessment at the time of petition/hearing, taking into account realisation costs and contingencies.