RE CHAN SIU YIN CLIVE

RE CHAN SIU YIN CLIVE

The debtor failed to produce any valid ground of opposition; the court held the guarantee bound him and non est factum did not apply to his circumstances, therefore a bankruptcy order was appropriate.

Citation
RE CHAN SIU YIN CLIVE
Parties
Judgment Debtor: CHAN SIU YIN CLIVE; Judgment Creditor (petitioner): SHAHDAN LIMITED; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 July 2014
Case Number
HCB3239/2014
Procedural Posture
Bankruptcy Petition / Hearing and Decision (bankruptcy Order Made)
Outcome
Bankruptcy order made against CHAN SIU YIN CLIVE
Legal Topics
Statutory Demand, Default Judgment, Guarantee, Non Est Factum, Bankruptcy Order, Service of Process
Source Language
EN
Bankruptcy Insolvency Contract Civil Procedure Statutory Demand Default Judgment Guarantee Non Est Factum +2 more

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Parties

CHAN SIU YIN CLIVE

Judgment Debtor

SHAHDAN LIMITED

Judgment Creditor (petitioner)

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Decision (bankruptcy Order Made)

Legal Issues

  1. 1 Whether debtor raised valid grounds to oppose the bankruptcy petition
  2. 2 Whether the guarantee executed by the debtor bound him personally
  3. 3 Whether the defence of non est factum was available to the debtor

Ratio Decidendi

The debtor failed to produce any valid ground of opposition; the court held the guarantee bound him and non est factum did not apply to his circumstances, therefore a bankruptcy order was appropriate.

Court Disposition

Bankruptcy order made against CHAN SIU YIN CLIVE

Orders

  • Bankruptcy order made against CHAN SIU YIN CLIVE