RE CHAN YUK CHARM

RE CHAN YUK CHARM

Because the debt was undisputed, statutory demand and substituted service were proved, a supporting judgment creditor existed with a larger debt, and the debtor failed to apply for interim relief and did not appear, the court was justified in making a bankruptcy order with costs to the petitioner.

Citation
RE CHAN YUK CHARM
Parties
Petitioner (judgment Creditor): Bank of China (Hong Kong) Limited; Supporting Creditor: SIIC Finance Co. Ltd.; Debtor: Chan Yuk Charm; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 March 2002
Case Number
HCB7939/2001
Procedural Posture
Bankruptcy Petition Based on Judgment Debt / Judgment on Petition (bankruptcy Order Made)
Outcome
Bankruptcy order made against the debtor Chan Yuk Charm with costs to the petitioner.
Legal Topics
Bankruptcy Order, Statutory Demand, Substituted Service, Interim Order, Debt Restructuring
Source Language
EN
Bankruptcy Insolvency Civil Procedure Bankruptcy Order Statutory Demand Substituted Service Interim Order Debt Restructuring

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Parties

Bank of China (Hong Kong) Limited

Petitioner (judgment Creditor)

SIIC Finance Co. Ltd.

Supporting Creditor

Chan Yuk Charm

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition Based on Judgment Debt / Judgment on Petition (bankruptcy Order Made)

Legal Issues

  1. 1 Whether a bankruptcy order should be made against the debtor given the judgment debt and statutory demand
  2. 2 Whether previous adjournments and debtor representations as to debt restructuring justified further delay
  3. 3 Whether absence of an interim order application and debtor non‑appearance preclude further indulgence

Ratio Decidendi

Because the debt was undisputed, statutory demand and substituted service were proved, a supporting judgment creditor existed with a larger debt, and the debtor failed to apply for interim relief and did not appear, the court was justified in making a bankruptcy order with costs to the petitioner.

Court Disposition

Bankruptcy order made against the debtor Chan Yuk Charm with costs to the petitioner.

Orders

  • Bankruptcy order made against the debtor
  • Costs awarded to the petitioner