RE SHANG LILI

RE SHANG LILI

The debtor failed to demonstrate a bona fide dispute on substantial grounds or to provide believable, precise evidence undermining the Lands Tribunal judgment; there was no evidence of fraud, collusion or miscarriage of justice, the alleged move and redelivery of possession were contradicted by contemporaneous messages, records and utility account closure, and the asserted cross-claim lacked quantification and substance; accordingly the petition succeeded and a bankruptcy order was made.

Citation
RE SHANG LILI
Parties
Creditor: Ang Chien Kiat; Debtor: Shang Lili
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 January 2016
Case Number
HCB5329/2014
Procedural Posture
Bankruptcy Petition / Hearing and Judgment (judgment Dated 25 January 2016)
Outcome
Debtor's opposition dismissed; bankruptcy order made against the debtor; order nisi for costs in favour of the petitioner
Legal Topics
Statutory Demand, Judgment Debt, Possession, Set Off/cross Claim, Service of Process, Going Behind Judgment
Source Language
EN
Bankruptcy Insolvency Landlord and Tenant Civil Procedure Statutory Demand Judgment Debt Possession Set Off/cross Claim +2 more

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Parties

Ang Chien Kiat

Creditor

Shang Lili

Debtor

Procedural Posture

Bankruptcy Petition / Hearing and Judgment (judgment Dated 25 January 2016)

Legal Issues

  1. 1 Whether the debtor has shown a bona fide dispute on substantial grounds to oppose a petition based on a judgment debt
  2. 2 Whether the court should go behind the Lands Tribunal judgment (fraud, collusion or miscarriage of justice)
  3. 3 Whether the debtor redelivered possession so as to stop accrual of mesne profits

Ratio Decidendi

The debtor failed to demonstrate a bona fide dispute on substantial grounds or to provide believable, precise evidence undermining the Lands Tribunal judgment; there was no evidence of fraud, collusion or miscarriage of justice, the alleged move and redelivery of possession were contradicted by contemporaneous messages, records and utility account closure, and the asserted cross-claim lacked quantification and substance; accordingly the petition succeeded and a bankruptcy order was made.

Court Disposition

Debtor's opposition dismissed; bankruptcy order made against the debtor; order nisi for costs in favour of the petitioner

Orders

  • Application dated 22 December 2014 by the Debtor dismissed
  • Usual bankruptcy order made against Madam Shang (Shang Lili)