11 Sept 2023
The application was dismissed because the trustee's decision to maintain the previously agreed reasonable monthly expenses and a monthly contribution of HKD3,000 was neither perverse nor plainly wrong, and the bankrupt failed to provide documentary evidence sufficient to justify varying that decision.
28 Feb 2023
The court concluded the trustees' allowance of HKD15,850 per month was not irrational, plainly wrong or perverse; the applicant failed to produce evidence of the alleged additional consumables expenditure and did not justify increasing the monthly allowance, therefore the summons to increase the allowance was dismissed.
18 Oct 2021
The applicant failed to produce sufficient evidence of an immediate medical necessity or other exceptional circumstances to justify judicial interference with the trustee's decision under s83; the prior dismissal of the identical application and the need to protect creditors' interests required dismissal of the application.
14 May 2021
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.
29 Mar 2021
The application was dismissed because the bankrupt failed to demonstrate locus standi under s83 (no evidence the estate would yield a surplus for her), the dental evidence did not show urgent medical necessity, and the trustee's decision to retain the long service payment and refuse withdrawal was not irrational such as to warrant court intervention.
18 Dec 2018
The bankrupt failed to demonstrate that the trustees erred in principle or unreasonably exercised their discretion in assessing monthly income and expenses; absent evidence of error or changed circumstances the court will not reverse the trustees' assessment, and the application is dismissed.
11 Jun 2018
The bankrupt failed to demonstrate that the trustees erred in principle or improperly exercised their discretion in assessing reasonable monthly allowances; consequently the court will not interfere and the trustees' assessment stands.
13 Apr 2018
The trustee's repeated engagement and assessments from 2016 to 2018 were reasonable and not perverse or irrational; therefore the court will not interfere and dismisses the application to overturn the trustee's decision.
1 Jun 2017
Where trustees have reasonably assessed a bankrupt's living expenses and the bankrupt fails to produce supporting documentary evidence that the allowance is inadequate, the court will not disturb the trustees' assessment except to the limited extent warranted by a demonstrated change in circumstances; an increase may be granted only to the extent that it does not unjustly prejudice creditors.
22 Feb 2017
The Official Receiver's refusal to adopt or assign the Labour Tribunal proceedings was reasonable and not the sort of decision the court should disturb because the proceedings were without merit in light of an earlier striking out and consenting would expose the estate to potential costs; therefore the Bankrupt's summons is dismissed and costs are awarded to the Official Receiver.