YAU KWONG WANG v. TSO YUK YIN

YAU KWONG WANG v. TSO YUK YIN

The application for leave to appeal out of time was dismissed because there was no reasonable prospect of success: even if the judgment interest were statute-barred a substantial undisputed debt remained (about HK$4,000,000), the bankrupt produced inadequate valuation evidence, the delay was short (22 days) and overall justice did not favour granting the extension.

Citation
YAU KWONG WANG v. TSO YUK YIN
Parties
Bankrupt: Judgment Debtor; Creditor: Petitioner
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 April 2008
Case Number
HCMP498/2008
Procedural Posture
Bankruptcy / Application for Leave to Appeal Out of Time (extension of Time to Appeal From Bankruptcy Order)
Outcome
Application for leave to appeal out of time dismissed with costs to be taxed.
Legal Topics
Statutory Demand, Judgment Interest, Extension of Time, Valuation of Assets, Charging Order
Source Language
EN
Bankruptcy Insolvency Civil Procedure Limitation of Actions Statutory Demand Judgment Interest Extension of Time Valuation of Assets +1 more

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Parties

Judgment Debtor

Bankrupt

Petitioner

Creditor

Procedural Posture

Bankruptcy / Application for Leave to Appeal Out of Time (extension of Time to Appeal From Bankruptcy Order)

Legal Issues

  1. 1 Whether the judgment interest claimed in the statutory demand was statute-barred
  2. 2 Whether there remained a genuine undisputed debt sufficient to support the bankruptcy order
  3. 3 Whether an extension of time to appeal should be granted

Ratio Decidendi

The application for leave to appeal out of time was dismissed because there was no reasonable prospect of success: even if the judgment interest were statute-barred a substantial undisputed debt remained (about HK$4,000,000), the bankrupt produced inadequate valuation evidence, the delay was short (22 days) and overall justice did not favour granting the extension.

Court Disposition

Application for leave to appeal out of time dismissed with costs to be taxed.

Orders

  • Application for leave to appeal out of time dismissed with costs to be taxed.