RE: WONG CHI YEUNG and EX PARTE: LI YUET SANG

RE: WONG CHI YEUNG and EX PARTE: LI YUET SANG

The court granted the bankruptcy order because the debtor had notice of the proceedings, failed to take steps to set aside the default judgment or show any valid defence or payment, and provided unsubstantiated claims of beneficial ownership of property; refusals of legal aid did not excuse the delay or lack of defence, therefore the petition must succeed.

Citation
RE: WONG CHI YEUNG and EX PARTE: LI YUET SANG
Parties
Petitioner: Li Yuet Sang; Debtor: Wong Chi Yeung; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2000
Case Number
HCB2234/1999
Procedural Posture
Bankruptcy Petition / Judgment
Outcome
Bankruptcy order made against the debtor
Legal Topics
Bankruptcy Order, Default Judgment, Setting Aside Judgment, Legal Aid, Promissory Notes, Costs
Source Language
EN
Bankruptcy Civil Procedure Property Law Bankruptcy Order Default Judgment Setting Aside Judgment Legal Aid Promissory Notes +1 more

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Parties

Li Yuet Sang

Petitioner

Wong Chi Yeung

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Judgment

Legal Issues

  1. 1 Whether leave should be granted to set aside a default judgment obtained out of time
  2. 2 Whether the debtor has a valid defence to the underlying judgment based on the promissory notes
  3. 3 Whether the debtor can demonstrate means to pay the judgment debt by claiming beneficial ownership of two flats

Ratio Decidendi

The court granted the bankruptcy order because the debtor had notice of the proceedings, failed to take steps to set aside the default judgment or show any valid defence or payment, and provided unsubstantiated claims of beneficial ownership of property; refusals of legal aid did not excuse the delay or lack of defence, therefore the petition must succeed.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order made against Wong Chi Yeung
  • Petitioner entitled to the costs of the petition