RE NG MOK YU

RE NG MOK YU

The court was not satisfied that the respondent had brought about the litigation or led the petitioner reasonably to bring the petition; accordingly the ordinary rule that costs follow the event applied and the petitioner was ordered to pay the respondent's costs.

Citation
RE NG MOK YU
Parties
Creditor (petitioner): Bank of China (Hong Kong) Limited; Debtor (respondent): Ng Mok Yu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 October 2013
Case Number
HCB5031/2012
Procedural Posture
Bankruptcy Proceedings / Costs Hearing (post Dismissal)
Outcome
Petitioner ordered to pay the respondent's costs of the petition.
Legal Topics
Statutory Demand, Default Judgment, Setting Aside Judgment, Costs Following the Event, Withdrawal and Dismissal of Petition
Source Language
EN
Bankruptcy Civil Procedure Costs Statutory Demand Default Judgment Setting Aside Judgment Costs Following the Event Withdrawal and Dismissal of Petition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Bank of China (Hong Kong) Limited

Creditor (petitioner)

Ng Mok Yu

Debtor (respondent)

Procedural Posture

Bankruptcy Proceedings / Costs Hearing (post Dismissal)

Legal Issues

  1. 1 Whether the petitioner should be ordered to pay the respondent's costs
  2. 2 Whether the respondent's conduct led the petitioner reasonably to bring the petition such that costs should not follow the event
  3. 3 Whether the statutory demand and failure to respond disentitles the respondent to costs

Ratio Decidendi

The court was not satisfied that the respondent had brought about the litigation or led the petitioner reasonably to bring the petition; accordingly the ordinary rule that costs follow the event applied and the petitioner was ordered to pay the respondent's costs.

Court Disposition

Petitioner ordered to pay the respondent's costs of the petition.

Orders

  • Petitioner to pay the respondent's costs of the petition.
  • Petitioner to bear its own costs and to pay the costs of the Official Receiver.