29 Jun 2022
CHU WAI SHAN v. CHAN KOK WAI AND OTHERS
- Citation
- [2022] HKCFI 1958
- Court
- Court of First Instance
- Case number
- HCA2877/2016
The court held that Win City’s claim for vacant possession was in the nature of possession/trespass and not a remedy against the bankrupt’s property in respect of a debt provable in bankruptcy so that claim could proceed without leave; however any rights of action relating to Win City shareholdings or choses in action vested in the trustees on the bankruptcy order (and trustees had not assigned those rights back to Mr Shum), so Mr Shum lacked locus to pursue the intended appeal; consequently there was no arguable appeal and the stay of execution was refused and the application dismissed with…