RE WONG CHUN KIT

RE WONG CHUN KIT

The statutory demand was valid and not complied with; the petitioner was entitled to recover the amount claimed under the service agreement; the debtor's withdrawal of opposition left no defence to the petition, therefore a bankruptcy order should be made with costs.

Citation
RE WONG CHUN KIT
Parties
Petitioner: Prudential Hong Kong Limited (replacing The Prudential Assurance Company Limited); Debtor: Wong Chun Kit
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 June 2015
Case Number
HCB5613/2014
Procedural Posture
Bankruptcy Petition / Decision (bankruptcy Order Made)
Outcome
Bankruptcy order granted against the debtor
Legal Topics
Statutory Demand, Inability to Pay, Recovery of Advances, Agency Termination
Source Language
EN
Bankruptcy Contract Insolvency Practice Statutory Demand Inability to Pay Recovery of Advances Agency Termination

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Parties

Prudential Hong Kong Limited (replacing The Prudential Assurance Company Limited)

Petitioner

Wong Chun Kit

Debtor

Procedural Posture

Bankruptcy Petition / Decision (bankruptcy Order Made)

Legal Issues

  1. 1 Whether the statutory demand established that the debtor was unable to pay his debt
  2. 2 Whether the petitioner was entitled to recover the specified sum under the service agreement
  3. 3 Whether there was any substantive defence to set aside the statutory demand or oppose bankruptcy

Ratio Decidendi

The statutory demand was valid and not complied with; the petitioner was entitled to recover the amount claimed under the service agreement; the debtor's withdrawal of opposition left no defence to the petition, therefore a bankruptcy order should be made with costs.

Court Disposition

Bankruptcy order granted against the debtor

Orders

  • Bankruptcy order made against Wong Chun Kit
  • Costs awarded to the petitioner