RE: CHAN TIN CHI (陳天賜) and EX PARTE: THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD.

RE: CHAN TIN CHI (陳天賜) and EX PARTE: THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD.

Because the debtor admitted the debt but produced no documentary evidence of any valid settlement or payment and the bank showed the debt remained substantial, the petitioner was entitled to a bankruptcy order.

Citation
RE: CHAN TIN CHI (陳天賜) and EX PARTE: THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD.
Parties
Petitioner: Petitioner (bank); Debtor: Chan Tin Chi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 1999
Case Number
HCB669/1999
Procedural Posture
Bankruptcy Petition / Hearing — Bankruptcy Order Made; Reasons Delivered
Outcome
Bankruptcy order made against the debtor.
Legal Topics
Bankruptcy Order, Guarantee Debt, Settlement, Admission of Debt
Source Language
EN
Bankruptcy Civil Procedure Debt Recovery Bankruptcy Order Guarantee Debt Settlement Admission of Debt

Case Brief

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Parties

Petitioner (bank)

Petitioner

Chan Tin Chi

Debtor

Procedural Posture

Bankruptcy Petition / Hearing — Bankruptcy Order Made; Reasons Delivered

Legal Issues

  1. 1 Whether the debtor had validly settled or paid the debt alleged by the petitioner
  2. 2 Whether the petitioner bank was entitled to a bankruptcy order despite ongoing negotiations
  3. 3 Whether documentary evidence supported the debtor's claim of sale and payment

Ratio Decidendi

Because the debtor admitted the debt but produced no documentary evidence of any valid settlement or payment and the bank showed the debt remained substantial, the petitioner was entitled to a bankruptcy order.

Court Disposition

Bankruptcy order made against the debtor.

Orders

  • Bankruptcy order made on 9 August 1999
  • Reasons for decision delivered 23 September 1999