YIT CHEE WAH v FULCRUM DISTRESSED PARTNERS LIMITED

The private trustee in bankruptcy of Jannie Chan appealed against the admission of a proof of debt by Fulcrum Distressed Partners based on claims of director's breach of duty relating to debts owed by a joint venture partner. The Appellate Division allowed the appeal in part, finding the judge below had erred in determining causation on paper without a trial, and ordered that the proof of debt be adjudicated through the trial process.