RE WONG WAI GING

RE WONG WAI GING

The burden under s.9(3) to satisfy the court that assets after deductions are insufficient to pay a 15% dividend rests on the petitioning creditor and that burden was not discharged here; notwithstanding that, the court properly exercised its discretion to make a Receiving Order because the debtor's evidence was unsatisfactory and an investigation into her affairs was necessary.

Citation
RE WONG WAI GING
Parties
Judgment Creditor: Citibank, N. A.; Judgment Debtor: WONG Wai-ging; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 1985
Case Number
HCB98/1985
Procedural Posture
Bankruptcy / Hearing on Petition to Set Aside; Receiving Order Made
Outcome
Receiving Order made
Legal Topics
Receiving Order, Section 9(3) Cap.6, 15% Rule, Burden of Proof, Court Discretion, Investigation of Debtor's Affairs
Source Language
EN
Bankruptcy Insolvency Civil Procedure Receiving Order Section 9(3) Cap.6 15% Rule Burden of Proof Court Discretion +1 more

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Parties

Citibank, N. A.

Judgment Creditor

WONG Wai-ging

Judgment Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Hearing on Petition to Set Aside; Receiving Order Made

Legal Issues

  1. 1 Whether the burden of proof under s.9(3) of the Bankruptcy Ordinance lies on the petitioning creditor or the judgment debtor
  2. 2 Whether the debtor's assets after permitted deductions are sufficient to pay a 15% dividend to unsecured creditors
  3. 3 How the court should exercise its discretion to make or dismiss a Receiving Order and what factors to weigh

Ratio Decidendi

The burden under s.9(3) to satisfy the court that assets after deductions are insufficient to pay a 15% dividend rests on the petitioning creditor and that burden was not discharged here; notwithstanding that, the court properly exercised its discretion to make a Receiving Order because the debtor's evidence was unsatisfactory and an investigation into her affairs was necessary.

Court Disposition

Receiving Order made

Orders

  • Receiving Order made against WONG Wai-ging
  • Official Receiver directed to investigate the judgment debtor's affairs