Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trustee duties and delay
  • 1 Dec 2014

    RE YICK KIN CHUNG

    Citation
    RE YICK KIN CHUNG
    Court
    Court of First Instance
    Case number
    HCB1187/2004

    The court held that automatic discharge under ss30A and 32 does not extinguish the underlying cause of action; trustees remain entitled and obliged to realise property vested in them and apply proceeds to pay proved bankruptcy debts; interest under s71(2) is payable from any surplus for the period the debts have been outstanding since commencement of the bankruptcy (including periods after discharge when debts remain unpaid); accordingly sale ordered and proved debts (including statutory interest) to be paid from proceeds.