RE CHAN YUK LUN

RE CHAN YUK LUN

The debtor failed to demonstrate a bona fide dispute on substantial grounds, failed to show any material change since dismissal of his set-aside application and could not impugn the underlying judgment by evidence of fraud, collusion or miscarriage of justice; therefore the statutory demand stood and a bankruptcy order was properly made against the debtor.

Citation
RE CHAN YUK LUN
Parties
Petitioner: Chan Ying Chit; Debtor: Chan Yuk Lun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 January 2015
Case Number
HCB8188/2013
Procedural Posture
Bankruptcy Petition / Judgment
Outcome
Bankruptcy order made against Mr Chan Yuk Lun; order nisi for costs in favour of the Petitioner.
Legal Topics
Statutory Demand, Set Aside Application, Judgment Debt, Service of Process, Abuse of Process, Res Judicata, Fraud/collusion/miscarriage of Justice
Source Language
ET
Bankruptcy Insolvency Civil Procedure Judgment Enforcement Costs Statutory Demand Set Aside Application Judgment Debt +4 more

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Parties

Chan Ying Chit

Petitioner

Chan Yuk Lun

Debtor

Procedural Posture

Bankruptcy Petition / Judgment

Legal Issues

  1. 1 Whether the debtor has a bona fide dispute on substantial grounds to the statutory demand/judgment debt
  2. 2 Whether the statutory demand was properly served
  3. 3 Whether the petitioner acted with ulterior or improper motives or abused process

Ratio Decidendi

The debtor failed to demonstrate a bona fide dispute on substantial grounds, failed to show any material change since dismissal of his set-aside application and could not impugn the underlying judgment by evidence of fraud, collusion or miscarriage of justice; therefore the statutory demand stood and a bankruptcy order was properly made against the debtor.

Court Disposition

Bankruptcy order made against Mr Chan Yuk Lun; order nisi for costs in favour of the Petitioner.

Orders

  • Usual bankruptcy order against Mr Chan Yuk Lun
  • Order nisi that costs be to the Petitioner