AU CHAU KUK v. TSE MING FUN

AU CHAU KUK v. TSE MING FUN

The application to set aside the statutory demand was dismissed as redundant given the outstanding bankruptcy petition; costs of those statutory demand proceedings were reserved to the bankruptcy judge; directions were given setting firm timelines for filing and replying to evidence and the petition was adjourned to a specified date to allow the substantive issues to be determined at the bankruptcy hearing, with a direction that the hearing be before a bilingual judge if practicable.

Citation
AU CHAU KUK v. TSE MING FUN
Parties
Petitioner: Miss Au Chau-kuk; Debtor: Miss Tse Ming-fun; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 October 2005
Case Number
HCB5356/2005
Procedural Posture
Bankruptcy Petition (based on Costs Order Arising From Probate Proceedings) / Directions Hearing; Petition Adjourned to Substantive Hearing
Outcome
Application to set aside statutory demand dismissed; costs of those proceedings reserved to the bankruptcy judge; directed timetable for exchange of evidence; petition adjourned to substantive hearing.
Legal Topics
Statutory Demand, Set Aside Application, Taxation of Costs, Filing of Evidence and Directions, Adjournment, Bilingual Hearing
Source Language
EN
Bankruptcy Insolvency Probate Civil Procedure Statutory Demand Set Aside Application Taxation of Costs Filing of Evidence and Directions +2 more

Case Brief

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Parties

Miss Au Chau-kuk

Petitioner

Miss Tse Ming-fun

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition (based on Costs Order Arising From Probate Proceedings) / Directions Hearing; Petition Adjourned to Substantive Hearing

Legal Issues

  1. 1 Whether the statutory demand should be set aside
  2. 2 Whether the debtor is liable for the taxed costs and amount
  3. 3 Appropriate sequencing of statutory demand and bankruptcy petition proceedings

Ratio Decidendi

The application to set aside the statutory demand was dismissed as redundant given the outstanding bankruptcy petition; costs of those statutory demand proceedings were reserved to the bankruptcy judge; directions were given setting firm timelines for filing and replying to evidence and the petition was adjourned to a specified date to allow the substantive issues to be determined at the bankruptcy hearing, with a direction that the hearing be before a bilingual judge if practicable.

Court Disposition

Application to set aside statutory demand dismissed; costs of those proceedings reserved to the bankruptcy judge; directed timetable for exchange of evidence; petition adjourned to substantive hearing.

Orders

  • Application to set aside the statutory demand (HCSD 17 of 2005) dismissed
  • Costs of the statutory demand proceedings reserved to the judge who deals with the bankruptcy petition