RE YEUNG WAH WAI

RE YEUNG WAH WAI

Where the debts are final and payable and there is no real prospect of successful appeal or set-aside, pending or theoretical proceedings do not bar making a bankruptcy order; accordingly the petition succeeds and the debtor's strike-out application fails.

Citation
[2021] HKCFI 1077
Parties
Petitioner: Long Team Limited (添朗有限公司); Debtor: Yeung Wah Wai (楊華偉)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 2021
Case Number
HCB7858/2020
Procedural Posture
Bankruptcy Petition / Decision on Bankruptcy Petition and Related Strike Out Application
Outcome
Bankruptcy order made against the debtor; debtor's summons to strike out the bankruptcy petition dismissed; costs awarded to petitioner to be paid by debtor.
Legal Topics
Statutory Demand, Bankruptcy Order, Strike Out, Finality of Judgments, Leave to Appeal
Source Language
EN
Bankruptcy Insolvency Civil Procedure Appeals Costs Statutory Demand Bankruptcy Order Strike Out +2 more

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Parties

Long Team Limited (添朗有限公司)

Petitioner

Yeung Wah Wai (楊華偉)

Debtor

Procedural Posture

Bankruptcy Petition / Decision on Bankruptcy Petition and Related Strike Out Application

Legal Issues

  1. 1 Whether a bankruptcy order should be made against the debtor
  2. 2 Whether pending proceedings or potential appeals prevent making a bankruptcy order
  3. 3 Whether the debts claimed are final and due

Ratio Decidendi

Where the debts are final and payable and there is no real prospect of successful appeal or set-aside, pending or theoretical proceedings do not bar making a bankruptcy order; accordingly the petition succeeds and the debtor's strike-out application fails.

Court Disposition

Bankruptcy order made against the debtor; debtor's summons to strike out the bankruptcy petition dismissed; costs awarded to petitioner to be paid by debtor.

Orders

  • Bankruptcy order made against the debtor Yeung Wah Wai
  • Debtor's summons dated 2 February 2021 to strike out the bankruptcy petition dismissed