RE WONG CHEE KWONG AUSTIN
Because the debtor failed to produce documentary evidence of a real prospect of payment despite opportunity to do so, the court had insufficient grounds to refuse the bankruptcy order and therefore made the usual Bankruptcy Order.
- Citation
- RE WONG CHEE KWONG AUSTIN
- Parties
- Petitioner: Mr. Neil Thomson instructed by Messrs. Kao, Lee & Yip; Debtor: Wong Chee Kwong, Austin; Official Receiver: Official Receiver
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 25 October 1999
- Case Number
- HCB1042/1998
- Procedural Posture
- Bankruptcy / Hearing of Petition (court of First Instance)
- Outcome
- Bankruptcy Order made
- Legal Topics
- Bankruptcy Order, Tomlin Order Enforcement, Adjournment/stay, Judgment Reinstatement, Failure to Pay Settlement
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
Mr. Neil Thomson instructed by Messrs. Kao, Lee & Yip
Petitioner
Wong Chee Kwong, Austin
Debtor
Official Receiver
Official Receiver
Procedural Posture
Bankruptcy / Hearing of Petition (court of First Instance)
Legal Issues
- 1 Whether a bankruptcy order should be made following non‑payment under a Tomlin order
- 2 Whether the debtor produced sufficient evidence of a real prospect of paying the judgment debt
- 3 Whether an adjournment or stay of the petition was justified
Ratio Decidendi
Because the debtor failed to produce documentary evidence of a real prospect of payment despite opportunity to do so, the court had insufficient grounds to refuse the bankruptcy order and therefore made the usual Bankruptcy Order.
Court Disposition
Bankruptcy Order made
Orders
- Make the usual Bankruptcy Order.
Full Case Text
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