Read the full judgment text of DCCJ 415/2015 on BabelCite. This District Court judgment was delivered on 26 April 2021 before 區域法院暫委法官林定華.
Legal Aid Ordinance – Director's First Charge – Validity of Security Interest – Bankruptcy – Proof of Debt – Bankruptcy Discharge – Maintenance Payment Exemption – Limitation Ordinance – Plaintiff Secretary for Justice for and on behalf of the Director of Legal Aid sued Defendant Shi Meng for outstanding legal aid fees after Defendant's bankruptcy discharge. Defendant had received legal aid for divorce proceedings and won lump sum maintenance. Ex-husband bankrupt, Official Receiver distributed funds to Defendant without Plaintiff notifying of First Charge. Defendant went bankrupt herself. Court held Director's First Charge is valid statutory charge. Failure to file proof of debt does not surrender security. Claim dismissed as charged property (money) vanished due to Plaintiff's failure to notify Official Receiver, despite Bankruptcy Ordinance s.32(3). Maintenance payments partially exempt under s.18A(5). Limitation period 12 years but irrelevant. Plaintiff to pay Defendant's costs.
Legal issues: 法援署署長第一押記的有效性 · 未送交債權證明表是否等同放棄抵押品 · 破產令解除後能否追索 · 贍養費是否豁免第一押記 · 時效條例適用性
Outcome: 原告人申索被撤銷；原告人須支付被告人訟費
Cites 2 cases