Re: Leung Kwun Kau and Ex Parte: American International Assurance Co. (Bermuda) Ltd.

Re: Leung Kwun Kau and Ex Parte: American International Assurance Co. (Bermuda) Ltd.

The court made a bankruptcy order because the petitioner proved a judgment debt and valid service of the statutory demand, the debtor failed to pay the undisputed sum of HK$400,000 into court as ordered and failed to attend the hearing, justifying bankruptcy and costs to the petitioner.

Citation
Re: Leung Kwun Kau and Ex Parte: American International Assurance Co. (Bermuda) Ltd.
Parties
Petitioner: American International Assurance Company (Bermuda) Limited; Debtor: Leung Kwun Kau; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 February 2002
Case Number
HCB8783/2001
Procedural Posture
Bankruptcy Proceedings / Hearing and Bankruptcy Order Made
Outcome
Bankruptcy order made against the debtor; costs awarded to the petitioner.
Legal Topics
Bankruptcy Petition, Statutory Demand, Bankruptcy Order, Costs
Source Language
EN
Bankruptcy Civil Procedure Debt Recovery Bankruptcy Petition Statutory Demand Bankruptcy Order Costs

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Parties

American International Assurance Company (Bermuda) Limited

Petitioner

Leung Kwun Kau

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Hearing and Bankruptcy Order Made

Legal Issues

  1. 1 Whether the statutory demand and judgment debt entitled the petitioner to present a bankruptcy petition
  2. 2 Whether the debtor complied with the court condition to pay the undisputed part of the debt into court
  3. 3 Whether a bankruptcy order should be made in the debtor's absence

Ratio Decidendi

The court made a bankruptcy order because the petitioner proved a judgment debt and valid service of the statutory demand, the debtor failed to pay the undisputed sum of HK$400,000 into court as ordered and failed to attend the hearing, justifying bankruptcy and costs to the petitioner.

Court Disposition

Bankruptcy order made against the debtor; costs awarded to the petitioner.

Orders

  • Bankruptcy order made against Leung Kwun Kau
  • Costs to the petitioner American International Assurance Company (Bermuda) Limited