Re BUNZO SUZUKI

Re BUNZO SUZUKI

The debtor failed to comply with the court's conditional order to pay US$1.74 million into court, failed to file and serve an affirmation in opposition and failed to appear at the hearing; accordingly the court granted the petition and made a bankruptcy order with costs to the petitioner.

Citation
Re BUNZO SUZUKI
Parties
Petitioner (creditor): Yung Sing Tak Alan; Debtor: Bunzo Suzuki; Official Receiver (interested Party): Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 April 2002
Case Number
HCB11671/2001
Procedural Posture
Bankruptcy Petition / Hearing on Petition; Bankruptcy Order Made (court of First Instance, 15 April 2002)
Outcome
Bankruptcy order made against Bunzo Suzuki with costs awarded to the petitioner
Legal Topics
Bankruptcy Order, Service and Opposition to Petition, Payment Into Court, Costs
Source Language
EN
Bankruptcy Debt Recovery Civil Procedure Bankruptcy Order Service and Opposition to Petition Payment Into Court Costs

Case Brief

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Parties

Yung Sing Tak Alan

Petitioner (creditor)

Bunzo Suzuki

Debtor

Official Receiver

Official Receiver (interested Party)

Procedural Posture

Bankruptcy Petition / Hearing on Petition; Bankruptcy Order Made (court of First Instance, 15 April 2002)

Legal Issues

  1. 1 Whether the petition should be granted following the debtor's failure to comply with a conditional payment into court and failure to file opposing evidence
  2. 2 Whether the debtor's unparticularised allegations of transfer to BVI companies and alleged repayments required further particulars or evidence to defeat the petition
  3. 3 Whether costs should be awarded to the petitioner

Ratio Decidendi

The debtor failed to comply with the court's conditional order to pay US$1.74 million into court, failed to file and serve an affirmation in opposition and failed to appear at the hearing; accordingly the court granted the petition and made a bankruptcy order with costs to the petitioner.

Court Disposition

Bankruptcy order made against Bunzo Suzuki with costs awarded to the petitioner

Orders

  • Bankruptcy order made against debtor Bunzo Suzuki dated 15 April 2002
  • Costs awarded to the petitioner