HU YING v. WILLWIN DEVELOPMENT (ASIA) CO LTD

HU YING v. WILLWIN DEVELOPMENT (ASIA) CO LTD

The court dismissed the debtor's application to set aside the first statutory demand, holding that no valid personal set-off was asserted by the debtor and that the purported deed of assignment to her husband did not defeat the creditor's statutory demand; accordingly the petitions were permitted to proceed with consolidation as ordered.

Citation
[2018] HKCFI 2064
Parties
Judgment Debtor: Hu Ying; Judgment Creditor (petitioner): Wei Wen; Judgment Creditor (petitioner): Willwin Development (Asia) Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 2018
Case Number
HCB2108/2017
Procedural Posture
Bankruptcy Proceedings / Judgment (consolidated)
Outcome
Petitions consolidated; application to set aside the first statutory demand dismissed; statutory demand stands.
Legal Topics
Statutory Demand, Set Aside Application, Deed of Assignment, Taxed Costs, Consolidation
Source Language
EN
Bankruptcy Insolvency Civil Procedure Statutory Demand Set Aside Application Deed of Assignment Taxed Costs Consolidation

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 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hu Ying

Judgment Debtor

Wei Wen

Judgment Creditor (petitioner)

Willwin Development (Asia) Company Limited

Judgment Creditor (petitioner)

Procedural Posture

Bankruptcy Proceedings / Judgment (consolidated)

Legal Issues

  1. 1 Validity of the statutory demand served on the debtor
  2. 2 Whether the debtor has a valid set-off against the sum claimed
  3. 3 Effectiveness of the deed of assignment to defeat the statutory demand

Ratio Decidendi

The court dismissed the debtor's application to set aside the first statutory demand, holding that no valid personal set-off was asserted by the debtor and that the purported deed of assignment to her husband did not defeat the creditor's statutory demand; accordingly the petitions were permitted to proceed with consolidation as ordered.

Court Disposition

Petitions consolidated; application to set aside the first statutory demand dismissed; statutory demand stands.

Orders

  • Bankruptcy Proceedings Nos 2027 of 2017 and 2108 of 2017 consolidated pursuant to the order dated 5 March 2018
  • The debtor's application to set aside the statutory demand dated 13 February 2017 is dismissed