RE TAM MEI KAM

RE TAM MEI KAM

The debtor failed to establish any bona fide dispute or to adduce evidence that the judgment of Chung J was tainted by fraud; the collateral fee agreement allegation had been considered and rejected by Chung J and cannot be reopened; therefore a bankruptcy order against the debtor should be made with costs.

Citation
RE TAM MEI KAM
Parties
Judgment Creditor: Chiu, Szeto & Cheng (a firm); Judgment Debtor: Tam Mei Kam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 April 2012
Case Number
HCB3777/2011
Procedural Posture
Bankruptcy Petition / Hearing and Judgment on Creditor's Petition
Outcome
Bankruptcy order made against Tam Mei Kam
Legal Topics
Statutory Demand, Summary Judgment, Going Behind a Judgment, Allegations of Fraud, Costs Recovery
Source Language
EN
Bankruptcy Law Civil Procedure Probate Law Professional Negligence Enforcement of Judgments Statutory Demand Summary Judgment Going Behind a Judgment +2 more

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Parties

Chiu, Szeto & Cheng (a firm)

Judgment Creditor

Tam Mei Kam

Judgment Debtor

Procedural Posture

Bankruptcy Petition / Hearing and Judgment on Creditor's Petition

Legal Issues

  1. 1 Whether the debtor demonstrated a bona fide dispute as to the judgment debt sufficient to defeat a bankruptcy petition
  2. 2 Whether the court may go behind a prior judgment on allegations of fraud and whether such judgment was tainted by fraud
  3. 3 Whether a collateral agreement limiting legal fees precluded recovery of the judgment sum

Ratio Decidendi

The debtor failed to establish any bona fide dispute or to adduce evidence that the judgment of Chung J was tainted by fraud; the collateral fee agreement allegation had been considered and rejected by Chung J and cannot be reopened; therefore a bankruptcy order against the debtor should be made with costs.

Court Disposition

Bankruptcy order made against Tam Mei Kam

Orders

  • Make the usual bankruptcy order against Tam Mei Kam
  • Costs awarded to the petitioner (Chiu, Szeto & Cheng)