CHARLES WILLIAM FARRANCE v. KAILAY ENGINEERING CO (HK) LTD

CHARLES WILLIAM FARRANCE v. KAILAY ENGINEERING CO (HK) LTD

Because the debt was confirmed by the High Court and Court of Appeal and the debtor's newly raised factual point was not previously run and is disputed by its source, there was no prospect of re-opening the matter and a Bankruptcy Order with costs was granted.

Citation
CHARLES WILLIAM FARRANCE v. KAILAY ENGINEERING CO (HK) LTD
Parties
Applicant/creditor: CHARLES WILLIAM FARRANCE; Debtor/respondent: KAILAY ENGINEERING CO (HK) LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 August 1999
Case Number
HCB826/1999
Procedural Posture
Bankruptcy Application / Application for Bankruptcy Order — Judgment/decision Granting Order
Outcome
Bankruptcy Order granted
Legal Topics
Bankruptcy Order, Res Judicata, Re Opening Judgments, Costs
Source Language
EN
Bankruptcy Civil Procedure Appeal Bankruptcy Order Res Judicata Re Opening Judgments Costs

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Parties

CHARLES WILLIAM FARRANCE

Applicant/creditor

KAILAY ENGINEERING CO (HK) LTD.

Debtor/respondent

Procedural Posture

Bankruptcy Application / Application for Bankruptcy Order — Judgment/decision Granting Order

Legal Issues

  1. 1 Whether a new issue of fact can be used to re-open a judgment debt
  2. 2 Whether the debtor's failure to raise the point earlier bars re-opening
  3. 3 Whether disputed evidence from its own source can justify re-opening

Ratio Decidendi

Because the debt was confirmed by the High Court and Court of Appeal and the debtor's newly raised factual point was not previously run and is disputed by its source, there was no prospect of re-opening the matter and a Bankruptcy Order with costs was granted.

Court Disposition

Bankruptcy Order granted

Orders

  • Bankruptcy Order made in the usual terms
  • Costs awarded to applicant