RE: CHAN CHUN HEI DAVID and EX PARTE: CHAN KAM TSUEN WALTER

RE: CHAN CHUN HEI DAVID and EX PARTE: CHAN KAM TSUEN WALTER

Under r.55 the court exercised its discretion and refused to order security for costs because the petitioner held a prior judgment for a liquidated sum, had charging orders over assets, demonstrated apparent inability of the debtor to pay and the petitioner had good prospects of success, so it was just not to require security despite the petitioner being resident abroad.

Citation
RE: CHAN CHUN HEI DAVID and EX PARTE: CHAN KAM TSUEN WALTER
Parties
Petitioner: Chan Kam Tsueng Walter; Debtor: Chan Chun Hei David
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 September 2001
Case Number
HCB2610/2001
Procedural Posture
Bankruptcy Petition / Application for Security for Costs (chambers Hearing)
Outcome
Debtor's application for security for costs dismissed; costs awarded to petitioner.
Legal Topics
Security for Costs, Charging Orders, Statutory Demand, Bankruptcy Petition, Residence of Creditor
Source Language
EN
Bankruptcy Civil Procedure Insolvency Property (charging Orders) Security for Costs Charging Orders Statutory Demand Bankruptcy Petition +1 more

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Chan Kam Tsueng Walter

Petitioner

Chan Chun Hei David

Debtor

Procedural Posture

Bankruptcy Petition / Application for Security for Costs (chambers Hearing)

Legal Issues

  1. 1 Whether a petitioning creditor resident abroad should be ordered to give security for costs under r.55 of the Bankruptcy Rules
  2. 2 Whether the petitioner has sufficient prospects of success to justify refusing security for costs
  3. 3 Whether the application should be adjourned pending outcome of debtor's action against the executrix

Ratio Decidendi

Under r.55 the court exercised its discretion and refused to order security for costs because the petitioner held a prior judgment for a liquidated sum, had charging orders over assets, demonstrated apparent inability of the debtor to pay and the petitioner had good prospects of success, so it was just not to require security despite the petitioner being resident abroad.

Court Disposition

Debtor's application for security for costs dismissed; costs awarded to petitioner.

Orders

  • Debtor's application for security for costs dismissed
  • Costs of the application awarded to the petitioner