Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 83 application

  • 16 Sept 2024

    有關張小紅的事宜

    Citation
    [2024] HKCFI 2193
    Court
    Court of First Instance
    Case number
    HCB2775/2023

    Both summonses dismissed because the bankrupt lacked the necessary legal standing: she could not show her estate would have a surplus if the claim succeeded and therefore was not an 'aggrieved person' under s83, and she lacked a legitimate interest to invoke s96; additionally the trustees' decision was objectively reasonable given low prospects of recovery, jurisdictional and enforcement issues and absence of funding, and the misconduct allegations were unsupported.

  • 14 May 2021

    有關鄧添柱的事宜

    Citation
    [2021] HKCFI 1371
    Court
    Court of First Instance
    Case number
    HCB7373/2020

    The bankrupt lacked standing under s83 because he failed to prove he would have any surplus after satisfying debts; the Official Receiver's decision not to continue HCA 1123 was a rational assessment based on absence of proven proprietary interest, incomplete sale documentation, prior strike-out history and insufficient estate funds or effective security; accordingly the court refused relief and dismissed the application.