RE LEE PAK WAI t/a EDWIN E&M ENGINEERING CO

RE LEE PAK WAI t/a EDWIN E&M ENGINEERING CO

The court exercised its discretion to proceed in the debtor's absence, treated the existing judgment/award as prima facie evidence of indebtedness, found the debtor had not shown a sufficient explanation or reasonable prospect to set aside, and accordingly made a bankruptcy order against the debtor for the...

Source-derived case information.

Citation
[2018] HKCFI 2142
Parties
Petitioner: Paul Y. (E&M) Contractors Limited; Debtor: Lee Pak Wai trading as Edwin E&M Engineering Company; Respondent/interested Party: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 September 2018
Case Number
HCB1524/2018
Procedural Posture
Bankruptcy / Hearing and Judgment (bankruptcy Order Made)
Outcome
Bankruptcy order made against Lee Pak Wai trading as Edwin E&M Engineering Company
Legal Topics
Bankruptcy Petition, Judgment Debt as Prima Facie Evidence, Service of Statutory Demand, Setting Aside Judgment, Procedure Where Debtor Absent
Source Language
en
Bankruptcy Insolvency Enforcement of Arbitration Award Bankruptcy Petition Judgment Debt as Prima Facie Evidence Service of Statutory Demand Setting Aside Judgment Procedure Where Debtor Absent

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Parties

Paul Y. (E&M) Contractors Limited

Petitioner

Lee Pak Wai trading as Edwin E&M Engineering Company

Debtor

Official Receiver

Respondent/interested Party

Procedural Posture

Bankruptcy / Hearing and Judgment (bankruptcy Order Made)

Legal Issues

  1. 1 Whether the judgment debt established a prima facie case for bankruptcy
  2. 2 Whether a statutory demand had been validly served
  3. 3 Whether the debtor had reasonable prospects and explanation to set aside the judgment or statutory demand

Ratio Decidendi

The court exercised its discretion to proceed in the debtor's absence, treated the existing judgment/award as prima facie evidence of indebtedness, found the debtor had not shown a sufficient explanation or reasonable prospect to set aside, and accordingly made a bankruptcy order against the debtor for the petitioning debt with costs to the petitioner.

Court Disposition

Bankruptcy order made against Lee Pak Wai trading as Edwin E&M Engineering Company

Orders

  • Bankruptcy order made against the debtor
  • Debtor to pay costs to the petitioner, to be taxed if not agreed