12 May 2023
HARBOUR FRONT LTD v. THE OFFICIAL RECEIVER AND TRUSTEE OF THE PROPERTY OF LEUNG YAT TUNG
- Citation
- [2023] HKCFI 1294
- Court
- Court of First Instance
- Case number
- HCMP400/2022
Healthy Wharf lacks a direct legal interest in the subject matter (the contractual disputes under the Settlement Agreement) and as a creditor cannot supplant the Official Receiver in administering the estate; the OR is the proper party to enforce the Settlement Agreement and any grievance lies to relief under the Bankruptcy Ordinance (eg s83) rather than joinder; permitting joinder would add an unnecessary opponent, cause delay and prejudice the Plaintiff and creditors, therefore joinder is refused.