Re: WONG SIK KWAN and Ex parte: ECNET (HONG KONG) LTD.

Re: WONG SIK KWAN and Ex parte: ECNET (HONG KONG) LTD.

Statutory demand was served, the petition was properly filed and served, the petitioner confirmed continuing indebtedness and no payment was made despite an adjournment; the debtor failed to attend, therefore the court was satisfied to make a bankruptcy order and award costs to the petitioner.

Citation
Re: WONG SIK KWAN and Ex parte: ECNET (HONG KONG) LTD.
Parties
Petitioner/creditor: ECNET (HONG KONG) LIMITED; Debtor: WONG SIK KWAN; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 2002
Case Number
HCB6636/2001
Procedural Posture
Bankruptcy Proceedings / Judgment (bankruptcy Order Made)
Outcome
Bankruptcy order made against the debtor
Legal Topics
Bankruptcy Order, Statutory Demand, Continuing Indebtedness, Costs
Source Language
EN
Insolvency Bankruptcy Civil Procedure Bankruptcy Order Statutory Demand Continuing Indebtedness Costs

Case Brief

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Parties

ECNET (HONG KONG) LIMITED

Petitioner/creditor

WONG SIK KWAN

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Judgment (bankruptcy Order Made)

Legal Issues

  1. 1 Whether the petitioner established the debt and service of statutory demand
  2. 2 Whether the debtor failed to comply with the statutory demand and/or pay the debt
  3. 3 Whether a bankruptcy order should be made and costs awarded

Ratio Decidendi

Statutory demand was served, the petition was properly filed and served, the petitioner confirmed continuing indebtedness and no payment was made despite an adjournment; the debtor failed to attend, therefore the court was satisfied to make a bankruptcy order and award costs to the petitioner.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order made against Wong Sik Kwan
  • Costs awarded to the petitioner, including costs reserved by the Master on 6 December 2001