RE LAM YIK KAI

RE LAM YIK KAI

Petition dismissed because the petitioner failed to prove insolvency and the evidence established the petition was an abusive, cynical attempt to avoid existing maintenance obligations; the petitioner failed to make full and frank disclosure, evidence showed continued beneficial control of business assets through nominees and a prior judgment supported the respondent's case, so bankruptcy relief was denied.

Citation
RE LAM YIK KAI
Parties
Petitioner/debtor: Lam Yik Kai; Opposing Creditor: Opposing Creditor (Wife)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 June 2011
Case Number
HCB7865/2009
Procedural Posture
Bankruptcy Petition / Hearing and Judgment
Outcome
Petition dismissed
Legal Topics
Abuse of Process, Maintenance Pending Suit (mps), Ancillary Relief, Disclosure of Assets, Issue Estoppel, Costs
Source Language
EN
Bankruptcy Insolvency Family Law Civil Procedure Abuse of Process Maintenance Pending Suit (mps) Ancillary Relief Disclosure of Assets +2 more

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Parties

Lam Yik Kai

Petitioner/debtor

Opposing Creditor (Wife)

Opposing Creditor

Procedural Posture

Bankruptcy Petition / Hearing and Judgment

Legal Issues

  1. 1 Whether the petitioner is insolvent
  2. 2 Whether the bankruptcy petition is an abuse of process to evade spousal and child maintenance orders
  3. 3 Whether the petitioner made full and frank disclosure of his financial position

Ratio Decidendi

Petition dismissed because the petitioner failed to prove insolvency and the evidence established the petition was an abusive, cynical attempt to avoid existing maintenance obligations; the petitioner failed to make full and frank disclosure, evidence showed continued beneficial control of business assets through nominees and a prior judgment supported the respondent's case, so bankruptcy relief was denied.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • Opposing Creditor's costs to be paid by the Petitioner, to be taxed if not agreed