RE AU WAI MING

RE AU WAI MING

The judgment debt and service of the statutory demand established prima facie indebtedness; the debtor failed to adduce sufficiently precise, believable evidence of a bona fide defence or to show fraud, collusion or miscarriage of justice impugning the judgment; consequently the petition was well founded and a bankruptcy order was warranted.

Citation
RE AU WAI MING
Parties
Petitioner: Lo Chun Cheong; Debtor: Au Wai Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 2015
Case Number
HCB7306/2014
Procedural Posture
Bankruptcy Petition / Hearing and Judgment in Court of First Instance
Outcome
Bankruptcy order made against Mr Au Wai Ming; order nisi that costs be to the petitioner, to be taxed if not agreed.
Legal Topics
Statutory Demand, Judgment Debt, Setting Aside Judgment, Bona Fide Defence, Going Behind a Judgment, Costs, Order Nisi
Source Language
EN
Bankruptcy Insolvency Civil Procedure Debt Recovery Statutory Demand Judgment Debt Setting Aside Judgment Bona Fide Defence +3 more

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lo Chun Cheong

Petitioner

Au Wai Ming

Debtor

Procedural Posture

Bankruptcy Petition / Hearing and Judgment in Court of First Instance

Legal Issues

  1. 1 Whether the debtor failed to comply with or set aside a statutory demand
  2. 2 Whether the debtor has a bona fide defence to the judgment debt on substantial grounds
  3. 3 Whether the court should go behind the underlying judgment on grounds of fraud, collusion or miscarriage of justice

Ratio Decidendi

The judgment debt and service of the statutory demand established prima facie indebtedness; the debtor failed to adduce sufficiently precise, believable evidence of a bona fide defence or to show fraud, collusion or miscarriage of justice impugning the judgment; consequently the petition was well founded and a bankruptcy order was warranted.

Court Disposition

Bankruptcy order made against Mr Au Wai Ming; order nisi that costs be to the petitioner, to be taxed if not agreed.

Orders

  • Bankruptcy order against Mr Au Wai Ming
  • Order nisi that costs be to the petitioner, to be taxed if not agreed