RE MAN CHI KEUNG

RE MAN CHI KEUNG

The court found the alleged 1997 dispute lacked substance and would not support a successful cross-action or set-off; there was no bona fide dispute over the debt for July and October 2003; accordingly the petition of bankruptcy was made and costs awarded to the petitioner.

Source-derived case information.

Citation
RE MAN CHI KEUNG
Parties
Debtor: Chi Ling Hong Company (Hong Kong); Creditor / Petitioner: ExxonMobil Hong Kong Limited; Debtor: Mr Man; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 September 2004
Case Number
HCB7606/2004
Procedural Posture
Bankruptcy Petition / Judgment on Bankruptcy Petition (hearing Held 27 September 2004)
Outcome
Bankruptcy petition granted; petition of bankruptcy ordered against the debtor and costs awarded to the petitioner.
Legal Topics
Bankruptcy Petition, Statutory Demand, Set Off, Bona Fide Dispute, Costs
Source Language
en
Insolvency Bankruptcy Civil Procedure Bankruptcy Petition Statutory Demand Set Off Bona Fide Dispute Costs

Source-derived case record

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Parties

Chi Ling Hong Company (Hong Kong)

Debtor

ExxonMobil Hong Kong Limited

Creditor / Petitioner

Mr Man

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Judgment on Bankruptcy Petition (hearing Held 27 September 2004)

Legal Issues

  1. 1 Whether there is a bona fide dispute sufficient to resist the bankruptcy petition
  2. 2 Whether an alleged 1997 dispute constitutes a valid set-off or cross-action against the debt arising from supplies in 2003
  3. 3 Whether the petitioner established an unpaid debt under the statutory demand

Ratio Decidendi

The court found the alleged 1997 dispute lacked substance and would not support a successful cross-action or set-off; there was no bona fide dispute over the debt for July and October 2003; accordingly the petition of bankruptcy was made and costs awarded to the petitioner.

Court Disposition

Bankruptcy petition granted; petition of bankruptcy ordered against the debtor and costs awarded to the petitioner.

Orders

  • Order of petition of bankruptcy made against Mr Man
  • Usual order for costs awarded to the petitioner (ExxonMobil Hong Kong Limited)