Re: WONG NG KEI trading as International Can, a debtor and Ex parte: CHU DOI WAI, JANLEY, a creditor

Re: WONG NG KEI trading as International Can, a debtor and Ex parte: CHU DOI WAI, JANLEY, a creditor

The court found the creditor established the debt and the debtor failed to raise a bona fide dispute on substantial grounds; the debtor was held out and liable as an apparent partner under s16 and jointly liable for debts incurred while a partner under s11, and even if he retired on 3 April 1995 he remained liable for earlier arrears and for later sums where the creditor had no notice under s38(1).

Citation
Re: WONG NG KEI trading as International Can, a debtor and Ex parte: CHU DOI WAI, JANLEY, a creditor
Parties
Petitioner (creditor): CHU DOI WAI, JANLEY; Debtor: WONG NG KEI trading as International Can
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 September 2000
Case Number
HCB2265/1999
Procedural Posture
Bankruptcy Petition / Judgment (court of First Instance)
Outcome
Bankruptcy order made against the debtor, Wong Ng Kei
Legal Topics
Bankruptcy Order, Apparent Partner Liability, Statutory Demand, Wages Arrears, Partnership Ordinance S16, S11, S38
Source Language
EN
Insolvency Partnership Law Employment Law Bankruptcy Order Apparent Partner Liability Statutory Demand Wages Arrears Partnership Ordinance S16,s11,s38

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Parties

CHU DOI WAI, JANLEY

Petitioner (creditor)

WONG NG KEI trading as International Can

Debtor

Procedural Posture

Bankruptcy Petition / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the debtor was a partner or merely a salaried partner of the firm
  2. 2 Whether the debtor was liable to the creditor for arrears of wages, severance and year-end pay
  3. 3 Whether there existed a bona fide dispute on substantial grounds to defeat the bankruptcy petition

Ratio Decidendi

The court found the creditor established the debt and the debtor failed to raise a bona fide dispute on substantial grounds; the debtor was held out and liable as an apparent partner under s16 and jointly liable for debts incurred while a partner under s11, and even if he retired on 3 April 1995 he remained liable for earlier arrears and for later sums where the creditor had no notice under s38(1).

Court Disposition

Bankruptcy order made against the debtor, Wong Ng Kei

Orders

  • Bankruptcy order made against the debtor, Wong Ng Kei
  • Costs awarded to the Petitioner