RE LEE MING CHEUNG

RE LEE MING CHEUNG

Because the statutory demand was validly served, the set aside application had been dismissed with no bona fide dispute on substantial grounds, there was no stay of the petition pending the appeal, the renewed stay lacked merit and the Court of Appeal ordered security for costs and dismissed the stay, there was no defence and no change of circumstances; accordingly a bankruptcy order was appropriate and should be made.

Citation
[2020] HKCFI 1945
Parties
Petitioner: Mok Ka Po; Debtor: Lee Ming Cheung; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 August 2020
Case Number
HCB607/2019
Procedural Posture
Bankruptcy Petition / Hearing on Restoration of Petition and Application for Bankruptcy Order Following Dismissal of Set Aside Application and Pending Appeal
Outcome
Bankruptcy order made against the Debtor Lee Ming Cheung; petition restored and granted
Legal Topics
Statutory Demand, Set Aside Statutory Demand, Bankruptcy Order, Stay Pending Appeal, Security for Costs, Jurisdictional Challenge, Costs
Source Language
EN
Bankruptcy Insolvency Civil Procedure Appeals Statutory Demand Set Aside Statutory Demand Bankruptcy Order Stay Pending Appeal +3 more

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Parties

Mok Ka Po

Petitioner

Lee Ming Cheung

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing on Restoration of Petition and Application for Bankruptcy Order Following Dismissal of Set Aside Application and Pending Appeal

Legal Issues

  1. 1 Whether the petition should be restored and a bankruptcy order made despite a pending appeal
  2. 2 Whether the pending appeal or a renewed stay application justifies adjournment of the petition
  3. 3 Whether the statutory demand was valid and not subject to a bona fide dispute on substantial grounds

Ratio Decidendi

Because the statutory demand was validly served, the set aside application had been dismissed with no bona fide dispute on substantial grounds, there was no stay of the petition pending the appeal, the renewed stay lacked merit and the Court of Appeal ordered security for costs and dismissed the stay, there was no defence and no change of circumstances; accordingly a bankruptcy order was appropriate and should be made.

Court Disposition

Bankruptcy order made against the Debtor Lee Ming Cheung; petition restored and granted

Orders

  • Bankruptcy order made against Lee Ming Cheung
  • Costs of the petition to be paid to the Petitioner out of the estate