HU YING v. WEI WEN

HU YING v. WEI WEN

The debtor failed to demonstrate a personal set-off or arguable defence to the statutory demand; consequently the application to set aside the first statutory demand was dismissed and the related bankruptcy petitions were consolidated under the court's order.

Citation
[2018] HKCFI 2064
Parties
Judgment Debtor: Hu Ying; Judgment Creditor (petitioner): Wei Wen; Judgment Creditor (petitioner): Willwin Development (Asia) Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 2018
Case Number
HCB2027/2017
Procedural Posture
Bankruptcy Proceedings / Judgment (post Hearing)
Outcome
Application to set aside the first statutory demand dismissed; petitions consolidated.
Legal Topics
Statutory Demand, Set Aside Application, Deed of Assignment, Consolidation of Proceedings
Source Language
EN
Bankruptcy Civil Procedure Debt Recovery Statutory Demand Set Aside Application Deed of Assignment Consolidation of Proceedings

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Parties

Hu Ying

Judgment Debtor

Wei Wen

Judgment Creditor (petitioner)

Willwin Development (Asia) Company Limited

Judgment Creditor (petitioner)

Procedural Posture

Bankruptcy Proceedings / Judgment (post Hearing)

Legal Issues

  1. 1 Whether the statutory demand dated 13 February 2017 should be set aside
  2. 2 Whether the debtor can rely on a set-off alleged to belong to her husband
  3. 3 Whether a deed of assignment to the husband affects the debtor's liability or defence

Ratio Decidendi

The debtor failed to demonstrate a personal set-off or arguable defence to the statutory demand; consequently the application to set aside the first statutory demand was dismissed and the related bankruptcy petitions were consolidated under the court's order.

Court Disposition

Application to set aside the first statutory demand dismissed; petitions consolidated.

Orders

  • Dismissal of the application to set aside the statutory demand dated 13 February 2017 served on Hu Ying
  • Bankruptcy Proceedings Nos 2027 of 2017 and HCB 2108 of 2017 consolidated pursuant to the court's order