Hong Kong Case Law: Decisions & Judgments

Topic

Role of official receiver

Legal area

Court

19 Jan 2022

RE LEHMAN BROTHERS ASIA HOLDINGS LTD (in liquidation)

Citation

[2022] HKCFI 178
Court

Court of First Instance
Case number

HCCW443/2008

Where an application falls between administrative and adversarial character the court exercises its discretion; given the Liquidators' application concerned their personal financial interests and the Official Receiver's legitimate engagement to ensure correct principles, the court ordered that each party bear their own costs and made no costs order against either party.
29 Aug 2017

HEALTHY WHARF LTD v. THE OFFICIAL RECEIVER AND TRUSTEE OF THE PROPERTY OF LEUNG YAT TUNG, A BANKRUPT

Citation

HEALTHY WHARF LTD v. THE OFFICIAL RECEIVER AND TRUSTEE OF THE PROPERTY OF LEUNG YAT TUNG, A BANKRUPT
Court

Court of First Instance
Case number

HCB2019/2000

The taxed costs of the petition are expenses provided for by s37 of the Bankruptcy Ordinance and are payable out of the bankrupt's estate in priority; they are not provable as ordinary pari passu debts under s34(3); refusal to admit them as provable did not unfairly prejudice the petitioning creditor. Accordingly the application to vary the Official Receiver's decision was dismissed.
14 Jul 2010

RE LO SHIU MUI

Citation

RE LO SHIU MUI
Court

Court of First Instance
Case number

HCB10596/2007

The court held that 'paid' in s33(1)(b) can include debts extinguished by accord and satisfaction (i.e. discharged other than by full cash payment) and that where the petitioner no longer claims and there are sufficient realisable assets to meet expenses, it is appropriate to exercise discretion to annul the bankruptcy.
29 Mar 1985

RE EDDIE LO MAN PUNG

Citation

RE EDDIE LO MAN PUNG
Court

Court of First Instance
Case number

HCB272/1984

The court held that while the petitioner must establish debt, service and act of bankruptcy under Section 9(2), the burden of proof for the 15% defence under Section 9(3) rests on the debtor and is a heavy one to discharge; because the debtors' affidavits were incomplete and unsatisfactory and the Official Receiver supported adjudication, the court granted receiving orders in both matters.

Hong Kong Case Law

RE LEHMAN BROTHERS ASIA HOLDINGS LTD (in liquidation)

HEALTHY WHARF LTD v. THE OFFICIAL RECEIVER AND TRUSTEE OF THE PROPERTY OF LEUNG YAT TUNG, A BANKRUPT

RE LO SHIU MUI

RE EDDIE LO MAN PUNG