RE SOETRISNO FARIDA

RE SOETRISNO FARIDA

Debtor failed to establish a bona fide dispute: the non est factum plea failed because the instrument's character matched what she believed she was signing, she alleged no disability and had prior experience signing all‑monies charges; undue influence failed because there was no evidence she was victimised or misled, her prior conduct and surrender of the property indicated informed consent and no unconscionable conduct by others; therefore the petition succeeds and a bankruptcy order (nisi) is warranted.

Citation
[2019] HKCFI 2756
Parties
Debtor: Soetrisno Farida (劉瑞蘭); Petitioner: Industrial and Commercial Bank of China (Asia) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 November 2019
Case Number
HCB3278/2018
Procedural Posture
Bankruptcy Petition / Hearing/judgment Bankruptcy Order Nisi
Outcome
Bankruptcy order granted (nisi) against the Debtor
Legal Topics
Statutory Demand, Legal Charge/mortgage, Non Est Factum, Undue Influence, Power of Sale, Costs
Source Language
EN
Bankruptcy Property Contract Law Equity Statutory Demand Legal Charge/mortgage Non Est Factum Undue Influence +2 more

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Parties

Soetrisno Farida (劉瑞蘭)

Debtor

Industrial and Commercial Bank of China (Asia) Limited

Petitioner

Procedural Posture

Bankruptcy Petition / Hearing/judgment Bankruptcy Order Nisi

Legal Issues

  1. 1 Whether debtor has a bona fide dispute to the debt
  2. 2 Whether the defence of non est factum succeeds
  3. 3 Whether the defence of undue influence succeeds

Ratio Decidendi

Debtor failed to establish a bona fide dispute: the non est factum plea failed because the instrument's character matched what she believed she was signing, she alleged no disability and had prior experience signing all‑monies charges; undue influence failed because there was no evidence she was victimised or misled, her prior conduct and surrender of the property indicated informed consent and no unconscionable conduct by others; therefore the petition succeeds and a bankruptcy order (nisi) is warranted.

Court Disposition

Bankruptcy order granted (nisi) against the Debtor

Orders

  • Bankruptcy order made against Soetrisno Farida (nisi)
  • Costs to the Petitioner on a nisi basis