RE: CHAN CHAK TONG t/a NEW WU KEE CONSTRUCTION CO. and EX PARTE: WONG TSOI YUK, a Creditor

RE: CHAN CHAK TONG t/a NEW WU KEE CONSTRUCTION CO. and EX PARTE: WONG TSOI YUK, a Creditor

A bankruptcy order was made because the debtor knew of the Labour Tribunal award, did not appeal or seek review, and failed to demonstrate a valid defence; the incorporation argument did not negate personal liability and was not properly advanced.

Citation
RE: CHAN CHAK TONG t/a NEW WU KEE CONSTRUCTION CO. and EX PARTE: WONG TSOI YUK, a Creditor
Parties
Debtor: Chan Chak Tong trading as New Wu Kee Construction Co.; Petitioner/creditor: Wong Tsoi Yuk; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2000
Case Number
HCB160/2000
Procedural Posture
Bankruptcy Proceedings / Hearing and Bankruptcy Order Made
Outcome
Bankruptcy order made against the debtor
Legal Topics
Bankruptcy Petition, Labour Tribunal Award, Failure to Appeal or Review, Incorporation and Personal Liability
Source Language
EN
Insolvency Bankruptcy Labour Law Civil Procedure Bankruptcy Petition Labour Tribunal Award Failure to Appeal or Review Incorporation and Personal Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2
Sign in to unlock

Parties

Chan Chak Tong trading as New Wu Kee Construction Co.

Debtor

Wong Tsoi Yuk

Petitioner/creditor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Hearing and Bankruptcy Order Made

Legal Issues

  1. 1 Whether a bankruptcy order should be made for an unpaid Labour Tribunal award
  2. 2 Whether the debtor's failure to appeal or seek review of the Labour Tribunal award justified making a bankruptcy order
  3. 3 Whether incorporation of the debtor's business relieved him of personal liability for the award

Ratio Decidendi

A bankruptcy order was made because the debtor knew of the Labour Tribunal award, did not appeal or seek review, and failed to demonstrate a valid defence; the incorporation argument did not negate personal liability and was not properly advanced.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order made against Chan Chak Tong trading as New Wu Kee Construction Co.