RE CHENG JONATHAN

RE CHENG JONATHAN

The debtor failed to comply with the statutory demand and did not demonstrate good reasons to file an out‑of‑time Notice under r.68; the purported appeal was not prosecuted diligently and cannot impede the petition; the Money Lenders Ordinance did not on the evidence apply to the loan; the debtor failed to rebut the Petitioner's evidence of domicile/ordinary residence and having carried on business in Hong Kong; substituted service was accepted and any set aside would be futile — accordingly a bankruptcy order was properly made and the debtor's applications to file late material and to set aside service were dismissed.

Citation
[2024] HKCFI 3669
Parties
Petitioner / Judgment Creditor: Ultimate Prosperity Limited; Debtor / Judgment Debtor: Cheng Jonathan; Interested Party / Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 December 2024
Case Number
HCB1888/2024
Procedural Posture
Bankruptcy Petition / Reasons for Judgment (bankruptcy Order Hearing)
Outcome
Bankruptcy order made against the debtor; applications to file Notice out of time and to set aside service dismissed
Legal Topics
Statutory Demand, Service by Substituted Service, Rule 68 Extension of Time, Notice of Intention to Oppose, Domicile and Ordinary Residence, Carrying on Business in Hong Kong, Unlicensed Money Lender / Money Lenders Ordinance, Summary Judgment, Set Aside Service Order
Source Language
EN
Bankruptcy Civil Procedure Private International Law Contract Law Regulatory Law (money Lending) Statutory Demand Service by Substituted Service Rule 68 Extension of Time +6 more

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Parties

Ultimate Prosperity Limited

Petitioner / Judgment Creditor

Cheng Jonathan

Debtor / Judgment Debtor

Official Receiver

Interested Party / Official Receiver

Procedural Posture

Bankruptcy Petition / Reasons for Judgment (bankruptcy Order Hearing)

Legal Issues

  1. 1 Whether the debtor's failure to comply with the statutory demand rendered him unable to pay his debts under s.6A(1)(a) BO
  2. 2 Whether the debtor established good reasons to extend time under r.68 to file a Notice of Intention to Oppose
  3. 3 Whether there was a bona fide dispute on substantial grounds (appeal and allegation that lender was unlicensed and loan unenforceable)

Ratio Decidendi

The debtor failed to comply with the statutory demand and did not demonstrate good reasons to file an out‑of‑time Notice under r.68; the purported appeal was not prosecuted diligently and cannot impede the petition; the Money Lenders Ordinance did not on the evidence apply to the loan; the debtor failed to rebut the Petitioner's evidence of domicile/ordinary residence and having carried on business in Hong Kong; substituted service was accepted and any set aside would be futile — accordingly a bankruptcy order was properly made and the debtor's applications to file late material and to set aside service were dismissed.

Court Disposition

Bankruptcy order made against the debtor; applications to file Notice out of time and to set aside service dismissed

Orders

  • Usual bankruptcy order made against Cheng Jonathan (Judgment Debtor)
  • Application for leave to file the Notice of Intention to Oppose out of time refused / Time Summons dismissed