RE LIU WING TING STEPHEN trading as STEPHEN LIU AND COMPANY

RE LIU WING TING STEPHEN trading as STEPHEN LIU AND COMPANY

Although the merits showed no bona fide defence and the debtor's admissions rendered the debt due, the petition was dismissed because personal service in compliance with Rule 59 was not established; accordingly the court could not make a bankruptcy order despite substantive merit.

Citation
[2025] HKCFI 1434
Parties
Creditor: SKY REGAL TRADING LIMITED; Debtor: LIU WING TING STEPHEN trading as STEPHEN LIU AND COMPANY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 March 2025
Case Number
HCB4968/2024
Procedural Posture
Bankruptcy Petition / Judgment on Petition (ex Parte Hearing)
Outcome
Petition dismissed
Legal Topics
Service of Process, Statutory Demand, Without Prejudice Privilege, Set Off, Admission of Liability
Source Language
EN
Bankruptcy Civil Procedure Contract Law Evidence Service of Process Statutory Demand Without Prejudice Privilege Set Off +1 more

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Parties

SKY REGAL TRADING LIMITED

Creditor

LIU WING TING STEPHEN trading as STEPHEN LIU AND COMPANY

Debtor

Procedural Posture

Bankruptcy Petition / Judgment on Petition (ex Parte Hearing)

Legal Issues

  1. 1 Whether the debtor had a bona fide defence on substantial grounds to the bankruptcy petition
  2. 2 Whether the co-operation agreement constituted an enforceable contract or a set-off extinguishing the debt
  3. 3 Whether Whatsapp messages were protected by without prejudice privilege and thus inadmissible

Ratio Decidendi

Although the merits showed no bona fide defence and the debtor's admissions rendered the debt due, the petition was dismissed because personal service in compliance with Rule 59 was not established; accordingly the court could not make a bankruptcy order despite substantive merit.

Court Disposition

Petition dismissed

Orders

  • Bankruptcy petition dismissed
  • Costs to be paid by the petitioner to the debtor