RE CHEUNG SAU YIN

RE CHEUNG SAU YIN

The judgment debt was valid and enforceable; the debtor failed to comply with the statutory demand and is therefore deemed unable to pay under s.6A(1)(a); the debtor did not establish a bona fide dispute on substantial grounds; accordingly a bankruptcy order was properly made against the debtor.

Citation
[2024] HKCFI 1816
Parties
Petitioner: LAI TAK CHUNG (賴得鐘); Debtor: CHEUNG SAU YIN (張秀賢); Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 2024
Case Number
HCB1779/2024
Procedural Posture
Bankruptcy Petition / Hearing of Petition and Bankruptcy Order Made (judgment)
Outcome
Bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Deemed Inability to Pay, Bona Fide Dispute, Bankruptcy Order, Default Judgment
Source Language
EN
Bankruptcy Civil Procedure Debt Recovery Statutory Demand Deemed Inability to Pay Bona Fide Dispute Bankruptcy Order Default Judgment

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Parties

LAI TAK CHUNG (賴得鐘)

Petitioner

CHEUNG SAU YIN (張秀賢)

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing of Petition and Bankruptcy Order Made (judgment)

Legal Issues

  1. 1 Whether the debtor is deemed unable to pay under s.6A(1)(a) of the Bankruptcy Ordinance following non-compliance with a statutory demand
  2. 2 Whether the debtor has established a bona fide dispute on substantial grounds to resist the bankruptcy petition
  3. 3 Whether the court should go behind the prior judgment against the debtor

Ratio Decidendi

The judgment debt was valid and enforceable; the debtor failed to comply with the statutory demand and is therefore deemed unable to pay under s.6A(1)(a); the debtor did not establish a bona fide dispute on substantial grounds; accordingly a bankruptcy order was properly made against the debtor.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Usual bankruptcy order made against the debtor Cheung Sau Yin