Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trustee conduct

  • 7 Mar 2008

    RE WU WING KWONG

    Citation
    RE WU WING KWONG
    Court
    Court of First Instance
    Case number
    HCB21720/2002

    The court found that excessive pre-bankruptcy borrowing in the circumstances was unsatisfactory conduct under s30A(4)(d), but the trustees failed to prove deliberate misrepresentation because they did not adduce specific, case‑specific evidence from lenders or staff; in light of the bankrupts' cooperative post‑bankruptcy conduct and substantial contributions to their estates, the court exercised its discretion not to suspend automatic discharge and dismissed the trustees' applications.

  • 23 Oct 2007

    FRED LEE v. LEE YUK MAN

    Citation
    FRED LEE v. LEE YUK MAN
    Court
    Court of Appeal
    Case number
    CACV32/2007

    The appeals were dismissed as lacking merit and, in substance, incompetent because the judge correctly exercised case management by remitting the trustee's applications to the Master for fuller factual inquiry; the trustee offered no satisfactory explanation for withdrawing objections he had previously advanced and the practice of using consent summonses to extract trustee's costs or minor contributions was improper and outside the scope of s30A(9); the trustee was deprived of costs and ordered not to recoup appeal costs from the estates; interim suspension orders under s30A were discharged.

  • 2 May 2001

    CHOY BING WING v. OFFICIAL RECEIVER

    Citation
    CHOY BING WING v. OFFICIAL RECEIVER
    Court
    Court of First Instance
    Case number
    HCB242/1992

    Section 84 of the Bankruptcy Ordinance establishes a court hearing for complaints against trustees and contains no express exemption from costs; therefore the court has jurisdiction to award costs against a complainant and, applying the ordinary rule in Bankruptcy Rules r.32A, costs should follow the event, so the order nisi is made absolute and the applicant bears costs.