26 May 2014
By consent the court ordered substitution of the 1st plaintiff as executor and, under section 33(3) of the Probate and Administration Ordinance Cap.10, vested the specified estate properties in him; costs were assessed at $140,000 to be paid by the defendant and a certificate for counsel was granted.
8 Sept 2011
The plaintiff was bankrupt and the estate vested in the official receiver under s58 of the Bankruptcy Ordinance; the plaintiff lacked the official receiver's consent required by s30A to pursue pre-bankruptcy claims; he failed to obtain consent despite an adjournment; therefore he lacked authority to bring the action, the claim was properly struck out, the application for leave to appeal had no prospects and was dismissed, and costs were awarded to the defendants with a gross sum of HK$18,000 assessed payable forthwith.
19 Apr 2010
The court applied the rule in Ex parte James and held that benefits attributable to the applicant's service and contributions after his automatic discharge did not vest in the Official Receiver; the Official Receiver is entitled only to the benefits accrued up to the date of discharge (HK$1,970,506.02).