Hong Kong Case Law: Decisions & Judgments

Topic

Vesting of litigation rights on bankruptcy

Legal area

Court

11 Apr 2025

PATRICK COWLEY AND WONG WING SZE TIFFANY (JOINT AND SEVERAL TRUSTEES IN BANKRUPTCY OF THE PROPERTY OF LAU YU ALSO KNOWN AS JAFFE LAU v. LAU SZE AND ANOTHER

Citation

[2025] HKCA 338
Court

Court of Appeal
Case number

CACV282/2024

The appeal was dismissed because, following the 1st defendant's adjudication in bankruptcy, the Official Receiver declined to adopt or continue the appeal and the bankrupt confirmed he would not proceed; accordingly no security for costs order was made, but costs of the appeal and summons incurred before the date of adjudication are payable by the 1st defendant though execution requires leave of the Bankruptcy Court.
3 Feb 2023

PROGETTO JEWELLERY CO LTD 對 LAU CHIU YING 及另一人

Citation

[2023] HKCA 140
Court

Court of Appeal
Case number

CAMP172/2022

Because litigation rights vested in the Official Receiver upon the bankruptcy order and the Official Receiver declined to continue or assign the appeal due to insufficient funds and weak prospects, the applicant no longer had standing to pursue the late leave application; accordingly the Court dismissed the late application and ordered the applicant to pay costs incurred before the bankruptcy order, with enforcement subject to bankruptcy court permission.
4 Jun 2021

HUI TANG TAT (許騰達) (in the Will called HUI TANT TAT (許騰達), the Executor of the Estate of PAO SHUN HING (鮑舜卿) also known as PAO SHUN HING (鮑舜卿), Deceased 對 HUI TING BONG (許定邦)及另一人

Citation

[2021] HKCA 778
Court

Court of Appeal
Case number

CAMP214/2020

The second defendant lacked standing to pursue the appeal because the bankruptcy order had vested her litigation rights in the Official Receiver under the Bankruptcy Ordinance and the Official Receiver refused to allow continuation; additionally the application was brought to the wrong forum in breach of District Court Rules Order 58 r1; therefore the Court struck out the second defendant's 19 November 2020 summons/application.
4 Jun 2021

HUI TANG TAT（許騰達)［in the Will called HUI TANT TAT（許騰達）］，the Executor of the Estate of PAO SHUN HING（鮑舜卿）also known as PAO SHUN HING（鮑舜卿），Deceased 對 HUI TING BONG（許定邦）及另一人

Citation

[2021] HKCA 777
Court

Court of Appeal
Case number

CAMP211/2020

Because a bankruptcy order vests the bankrupt's litigation rights in the Official Receiver and the Official Receiver refused to continue or assign the litigation rights, the bankrupt (second defendant) lacked standing to pursue the appeal; coupled with the failure to obtain the statutory leave within the 14‑day period required by the Regional Court rules, the summons filed 13 November 2020 must be struck out.
5 Dec 2017

LO SUI LIN v. CHAN HUNG FOOK AND OTHERS

Citation

LO SUI LIN v. CHAN HUNG FOOK AND OTHERS
Court

Court of Appeal
Case number

CACV156/2017

The bankruptcy order vested the right to continue the appeal in the trustees and the trustees elected not to proceed; accordingly the appeal is dismissed and the appellant is liable for the defendants' costs of the appeal subject to the restriction that taxation and enforcement require leave of the Bankruptcy Court under s12(1).

Hong Kong Case Law

PATRICK COWLEY AND WONG WING SZE TIFFANY (JOINT AND SEVERAL TRUSTEES IN BANKRUPTCY OF THE PROPERTY OF LAU YU ALSO KNOWN AS JAFFE LAU v. LAU SZE AND ANOTHER

PROGETTO JEWELLERY CO LTD 對 LAU CHIU YING 及另一人

HUI TANG TAT (許騰達) (in the Will called HUI TANT TAT (許騰達), the Executor of the Estate of PAO SHUN HING (鮑舜卿) also known as PAO SHUN HING (鮑舜卿), Deceased 對 HUI TING BONG (許定邦)及另一人

HUI TANG TAT（許騰達)［in the Will called HUI TANT TAT（許騰達）］，the Executor of the Estate of PAO SHUN HING（鮑舜卿）also known as PAO SHUN HING（鮑舜卿），Deceased 對 HUI TING BONG（許定邦）及另一人

LO SUI LIN v. CHAN HUNG FOOK AND OTHERS