Re: CHAN SAI KIT and Ex parte: WONG YAN YAN AMY AND OTHERS

Re: CHAN SAI KIT and Ex parte: WONG YAN YAN AMY AND OTHERS

The judge concluded the appeal was unarguable because the trial judge's factual finding that a telephone conversation extended the guarantee was supported by detailed reasoning and credibility findings that were not plainly open to interference on appeal; accordingly a bankruptcy order was made against the debtor.

Citation
Re: CHAN SAI KIT and Ex parte: WONG YAN YAN AMY AND OTHERS
Parties
Petitioner / Judgment Creditor: Wong Yan Yan Amy; Petitioner / Judgment Creditor: Cheung Ka Fung Rebecca; Petitioner / Judgment Creditor: Kwok Siu Wing; Debtor / Judgment Debtor: Chan Sai Kit; Interested Party: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2001
Case Number
HCB3614/2001
Procedural Posture
Bankruptcy Proceedings / Hearing on Petition and Application to Stay Pending Appeal; Bankruptcy Order Made
Outcome
Bankruptcy order made against Chan Sai Kit; costs awarded to the petitioners.
Legal Topics
Statutory Demand, Guarantee, Deposit Recovery, Stay Pending Appeal, Credibility of Witnesses
Source Language
EN
Bankruptcy Contract Civil Procedure Appeal Statutory Demand Guarantee Deposit Recovery Stay Pending Appeal +1 more

Case Brief

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Parties

Wong Yan Yan Amy

Petitioner / Judgment Creditor

Cheung Ka Fung Rebecca

Petitioner / Judgment Creditor

Kwok Siu Wing

Petitioner / Judgment Creditor

Chan Sai Kit

Debtor / Judgment Debtor

Official Receiver

Interested Party

Procedural Posture

Bankruptcy Proceedings / Hearing on Petition and Application to Stay Pending Appeal; Bankruptcy Order Made

Legal Issues

  1. 1 Whether the debtor's appeal is bona fide and not plainly unarguable
  2. 2 Whether there was an agreement to extend the debtor's guarantee to 30 June 1998
  3. 3 Whether a stay of bankruptcy should be granted subject to payment into court or security

Ratio Decidendi

The judge concluded the appeal was unarguable because the trial judge's factual finding that a telephone conversation extended the guarantee was supported by detailed reasoning and credibility findings that were not plainly open to interference on appeal; accordingly a bankruptcy order was made against the debtor.

Court Disposition

Bankruptcy order made against Chan Sai Kit; costs awarded to the petitioners.

Orders

  • Bankruptcy order made against Chan Sai Kit
  • Costs awarded to the petitioners