RE TSANG WAI SHAN

RE TSANG WAI SHAN

The petitioner discharged its onus by proving service of a statutory demand and non-payment; the debtor failed to file any credible evidence of a bona fide dispute on substantial grounds; therefore a bankruptcy order is just and appropriate and must be made.

Citation
[2022] HKCFI 2692
Parties
Petitioner / Judgment Creditor: Standard Chartered Bank (Hong Kong) Limited; Judgment Debtor: Tsang Wai Shan; Official Receiver: Official Receiver’s Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2022
Case Number
HCB17/2022
Procedural Posture
Bankruptcy Petition / Hearing and Judgment (bankruptcy Order Made)
Outcome
Bankruptcy order made against the judgment debtor, Tsang Wai Shan.
Legal Topics
Statutory Demand, Bankruptcy Order, Bona Fide Dispute, Service of Petition, Settlement Agreement
Source Language
EN
Bankruptcy Insolvency Civil Procedure Debt Recovery Statutory Demand Bankruptcy Order Bona Fide Dispute Service of Petition +1 more

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Parties

Standard Chartered Bank (Hong Kong) Limited

Petitioner / Judgment Creditor

Tsang Wai Shan

Judgment Debtor

Official Receiver’s Office

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Judgment (bankruptcy Order Made)

Legal Issues

  1. 1 Whether the debtor failed to comply with a statutory demand and is unable to pay the debt
  2. 2 Whether the debtor has established a bona fide dispute on substantial grounds to resist a bankruptcy order
  3. 3 Whether it is just and appropriate to make a bankruptcy order given the circumstances

Ratio Decidendi

The petitioner discharged its onus by proving service of a statutory demand and non-payment; the debtor failed to file any credible evidence of a bona fide dispute on substantial grounds; therefore a bankruptcy order is just and appropriate and must be made.

Court Disposition

Bankruptcy order made against the judgment debtor, Tsang Wai Shan.

Orders

  • Bankruptcy order made against Tsang Wai Shan