This is a ruling on an application seeking permission to rely on variations to s.72 of the Registered Land Ordinance contained within a charge and to be able to sell a property by private treaty.

By an amended originating summons, the Trustee sought an order pursuant to sections 467(2) and 467(3)(c) or alternatively, 467(3)(h) of the Insolvency Ordinance CAP 16.18 that the Bank disclose and deliver up to her various documents and information in relation to the account, including bank statements, KYC documents and transaction instructions. 

The applicant, an attorney, was the liquidator of Regent Grand Management Ltd in liquidation. His investigations showed that there were unlikely to be assets to distribute after the costs of the liquidation. He sought: (i) (on a protective basis) a declaration that there was no need to seek the Court’s approval for an interim payment of his fees in the sum of $165,994.60, (including $82,005.49 in relation to legal work undertaken by his own firm); and (ii) the Court’s sanction for the issue of proceedings for the recovery of a debt.