ONG SIU SIN KEVIN v. LEE TSZ YING

ONG SIU SIN KEVIN v. LEE TSZ YING

The application was dismissed because the applicant failed to demonstrate a bona fide dispute on substantial grounds with precise and believable evidence; the respondent produced convincing contemporaneous WeChat communications and a running ledger evidencing loans, acknowledgements and repayments, the late and unserved material was not allowed, and consequently the statutory demand stands and the respondent was authorised to present a bankruptcy petition; costs follow the event.

Citation
[2021] HKCFI 2336
Parties
Applicant/debtor: Ong Siu Sin Kevin; Respondent/creditor: Respondent (creditor)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2021
Case Number
HCSD5/2021
Procedural Posture
Application to Set Aside Statutory Demand (bankruptcy) / Hearing and Judgment (decision Reserved and Delivered in Chambers)
Outcome
Application to set aside the statutory demand dismissed; statutory demand stands; respondent authorised to present a bankruptcy petition; costs awarded to respondent (summary assessment to follow)
Legal Topics
Statutory Demand, Setting Aside, Bankruptcy Petition, Stay Application, Costs
Source Language
EN
Bankruptcy Civil Procedure Insolvency Fraud Statutory Demand Setting Aside Bankruptcy Petition Stay Application +1 more

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Parties

Ong Siu Sin Kevin

Applicant/debtor

Respondent (creditor)

Respondent/creditor

Procedural Posture

Application to Set Aside Statutory Demand (bankruptcy) / Hearing and Judgment (decision Reserved and Delivered in Chambers)

Legal Issues

  1. 1 Whether there is a bona fide dispute on substantial grounds to set aside the statutory demand
  2. 2 Whether the applicant should be granted a stay because of parallel police/criminal investigation
  3. 3 Admissibility and treatment of late-filed/served reply affirmation and further evidence

Ratio Decidendi

The application was dismissed because the applicant failed to demonstrate a bona fide dispute on substantial grounds with precise and believable evidence; the respondent produced convincing contemporaneous WeChat communications and a running ledger evidencing loans, acknowledgements and repayments, the late and unserved material was not allowed, and consequently the statutory demand stands and the respondent was authorised to present a bankruptcy petition; costs follow the event.

Court Disposition

Application to set aside the statutory demand dismissed; statutory demand stands; respondent authorised to present a bankruptcy petition; costs awarded to respondent (summary assessment to follow)

Orders

  • Application to set aside statutory demand dismissed
  • Applicant to pay respondent's costs to be summarily assessed