RE LIN YIFAN

[2025] HKCA 649 Court of Appeal 30 July 2025 • CACV32/2025 • 9 min read

2 cases cited (0 HK, 2 foreign)

Outcome

Appeal dismissed

the appeal is dismissed in the circumstances provided for in (3) above, the debtor shall pay the petitioner the costs of this appeal, such costs to be summarily assessed or taxed if not agreed; and

Source: [2025] HKCA 649, Court of Appeal, decided 30 July 2025. Read directly from the judgment.

Judges (2)

Chu Coram Ng Coram

Counsel (3)

Kwok Yih & Chan Firm Billy Liu Counsel Petitioner C L Chow & Macksion Chan Counsel Debtor

Parties (2)

The Pride Opportunities Fund Petitioner Lin Yifan Debtor

Case Significance

RE LIN YIFAN [2025] HKCA 649 is a Court of Appeal bankruptcy appeal decided 30 July 2025, arising under the Bankruptcy Ordinance, section 4(1), and the Rules of the High Court. The appeal followed the first-instance judgment in RE LIN YIFAN [2024] HKCFI 3666 and drew on the earlier authority reported at [2004] 2 HKLRD 650. The Court of Appeal dismissed the appeal, holding that "the appeal is dismissed in the circumstances provided for in (3) above, the debtor shall pay the petitioner the costs of this appeal, such costs to be summarily assessed or taxed if not agreed; and"

Summary

Bankruptcy dispute involving debtor Lin Yifan where the petitioner The Pride Opportunities Fund applied for security for costs. The debtor failed to file evidence or submissions opposing the application. The Court of Appeal (Chu VP and Ng J) ordered security for costs with provision for automatic dismissal of the appeal if security was not provided within the specified timeframe.

What did the Court of Appeal decide in RE LIN YIFAN ([2025] HKCA 649)?

In RE LIN YIFAN [2025] HKCA 649, the Court of Appeal dismissed the debtor's appeal against a bankruptcy order and required the debtor to pay the petitioner's costs of the appeal, summarily assessed or taxed if not agreed, applying the Bankruptcy Ordinance, section 4(1).