RE WONG MUI KUEN JOANNA

RE WONG MUI KUEN JOANNA

The debtors failed to establish a bona fide dispute on substantial grounds and did not show a reasonable prospect of repaying the undisputed indebtedness; accordingly the bank was entitled to bankruptcy orders against both debtors, treating the judgments as prima facie evidence of debt but with no basis to go behind them.

Citation
RE WONG MUI KUEN JOANNA
Parties
Petitioner: Bank of China (Hong Kong) Limited; Debtor: Wong Mui Kuen Joanna; Debtor: Chu Lok Ting Dicky
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 January 2015
Case Number
HCB1631/2014
Procedural Posture
Bankruptcy / Judgment
Outcome
Bankruptcy order made against both debtors
Legal Topics
Statutory Demand, Bankruptcy Petition, Judgment Debt, Bona Fide Dispute, Set Aside, Guarantor Liability, Mortgage Enforcement, Costs
Source Language
EN
Bankruptcy Insolvency Civil Procedure Debt Enforcement Statutory Demand Bankruptcy Petition Judgment Debt Bona Fide Dispute +4 more

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Parties

Bank of China (Hong Kong) Limited

Petitioner

Wong Mui Kuen Joanna

Debtor

Chu Lok Ting Dicky

Debtor

Procedural Posture

Bankruptcy / Judgment

Legal Issues

  1. 1 Whether the debtors demonstrated a bona fide dispute on substantial grounds sufficient to defeat the bankruptcy petitions
  2. 2 Whether the court should go behind the underlying judgments
  3. 3 Whether the debtors have a reasonable prospect of repaying the undisputed debt

Ratio Decidendi

The debtors failed to establish a bona fide dispute on substantial grounds and did not show a reasonable prospect of repaying the undisputed indebtedness; accordingly the bank was entitled to bankruptcy orders against both debtors, treating the judgments as prima facie evidence of debt but with no basis to go behind them.

Court Disposition

Bankruptcy order made against both debtors

Orders

  • Bankruptcy order against Chu Lok Ting Dicky
  • Bankruptcy order against Wong Mui Kuen Joanna