RE: CHAN WAI KEUNG and EX PARTE: RISING ENGINEERING CO. (a firm)

RE: CHAN WAI KEUNG and EX PARTE: RISING ENGINEERING CO. (a firm)

Because the Debtor was shown on the evidence to be presently unable to meet the judgment debt and there was no substantive evidence that the petition was brought mala fide or to exert improper pressure, the court must make the bankruptcy order sought.

Source-derived case information.

Citation
RE: CHAN WAI KEUNG and EX PARTE: RISING ENGINEERING CO. (a firm)
Parties
Petitioner (creditor): Rising Engineering Co.; Debtor: Chan Wai Keung; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 November 1999
Case Number
HCB2180/1999
Procedural Posture
Bankruptcy Petition / Hearing and Judgment (court of First Instance)
Outcome
Bankruptcy order made against Chan Wai Keung
Legal Topics
Bankruptcy Petition, Statutory Demand, Adjournment, Counterclaim, Set Aside Summary Judgment, Oral Examination
Source Language
en
Bankruptcy Insolvency Civil Procedure Bankruptcy Petition Statutory Demand Adjournment Counterclaim Set Aside Summary Judgment +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rising Engineering Co.

Petitioner (creditor)

Chan Wai Keung

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Judgment (court of First Instance)

Legal Issues

  1. 1 Whether a bankruptcy order should be made where debtor cannot meet a judgment debt
  2. 2 Whether the petition was bona fide or brought to exert pressure to stifle a counterclaim
  3. 3 Whether the possibility of a third‑party recovery justifies adjournment

Ratio Decidendi

Because the Debtor was shown on the evidence to be presently unable to meet the judgment debt and there was no substantive evidence that the petition was brought mala fide or to exert improper pressure, the court must make the bankruptcy order sought.

Court Disposition

Bankruptcy order made against Chan Wai Keung

Orders

  • Make bankruptcy order against Chan Wai Keung