何漢標 對 李妙桂

何漢標 對 李妙桂

The appeal was dismissed because the statutory demand pursued judgment debts established and repeatedly upheld in prior proceedings and appeals exhausted; the appellant failed to meet the high threshold to set aside the demand or to admit new evidence (the proposed evidence was irrelevant to the set‑aside issue and...

Source-derived case information.

Citation
[2025] HKCA 754
Parties
Appellant: 何漢標; Respondent: 李妙桂 (representing the Estate of 何漢嘉)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
22 August 2025
Case Number
CACV340/2023
Procedural Posture
Appeal From Refusal to Set Aside Statutory Demand / Appeal Judgment Delivered
Outcome
appeal dismissed
Legal Topics
Statutory Demand, Set Aside, Res Judicata, Recusal, Admission of Fresh Evidence, Bankruptcy Rules R44, Costs
Source Language
ch
Bankruptcy Civil Procedure Evidence Appeal Statutory Demand Set Aside Res Judicata Recusal +3 more

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Parties

何漢標

Appellant

李妙桂 (representing the Estate of 何漢嘉)

Respondent

Procedural Posture

Appeal From Refusal to Set Aside Statutory Demand / Appeal Judgment Delivered

  1. 1 Whether the statutory demand (償債書) should be set aside despite being founded on prior judgment debts
  2. 2 Whether the proposed new evidence meets the Ladd v Marshall test and should be admitted on appeal
  3. 3 Whether the statutory demand complied with Bankruptcy Rules (Cap.6A) r44 as to format and particulars

Ratio Decidendi

The appeal was dismissed because the statutory demand pursued judgment debts established and repeatedly upheld in prior proceedings and appeals exhausted; the appellant failed to meet the high threshold to set aside the demand or to admit new evidence (the proposed evidence was irrelevant to the set‑aside issue and did not satisfy the Ladd v Marshall test); the demand complied with r44; allegations of fraud/collusion/bias were unsupported and insufficient to justify re‑opening the judgments or recusal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Application to admit the four items of new evidence (audio transcripts and recordings) refused and new evidence application of 5 August 2024 vacated.