RE CHONG YU ON

RE CHONG YU ON

The Costs Order created prima facie indebtedness of HK$150,000; the statutory demand was duly served and not complied with; the Debtor failed to overturn the Costs Order or otherwise raise any legally relevant or meritorious defence that could rebut the prima facie case; other proceedings and asserted circumstances were irrelevant to the Petition; accordingly a bankruptcy order was properly made and costs ordered to the Petitioner.

Citation
[2024] HKCFI 3305
Parties
Petitioner: CHUBB LIFE INSURANCE HONG KONG LIMITED (replacing CHUBB LIFE INSURANCE COMPANY LTD.); Judgment Debtor: Chong Yu On
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 November 2024
Case Number
HCB5210/2023
Procedural Posture
Bankruptcy Petition / Substantive Hearing
Outcome
Usual bankruptcy order made against the Debtor; order nisi for costs in favour of the Petitioner.
Legal Topics
Statutory Demand, Bankruptcy Order, Set Aside Application, Summary Assessment of Costs, Leave to Appeal
Source Language
EN
Bankruptcy Insolvency Civil Procedure Costs Statutory Demand Bankruptcy Order Set Aside Application Summary Assessment of Costs +1 more

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Parties

CHUBB LIFE INSURANCE HONG KONG LIMITED (replacing CHUBB LIFE INSURANCE COMPANY LTD.)

Petitioner

Chong Yu On

Judgment Debtor

Procedural Posture

Bankruptcy Petition / Substantive Hearing

Legal Issues

  1. 1 Whether the Costs Order and statutory demand establish prima facie indebtedness sufficient to justify a bankruptcy order
  2. 2 Whether the Debtor's asserted matters (poverty, prior bankruptcy, larger claims against others, ongoing judicial review and appeals) rebut the prima facie evidence of indebtedness
  3. 3 Whether affidavits filed without leave should be considered de bene esse

Ratio Decidendi

The Costs Order created prima facie indebtedness of HK$150,000; the statutory demand was duly served and not complied with; the Debtor failed to overturn the Costs Order or otherwise raise any legally relevant or meritorious defence that could rebut the prima facie case; other proceedings and asserted circumstances were irrelevant to the Petition; accordingly a bankruptcy order was properly made and costs ordered to the Petitioner.

Court Disposition

Usual bankruptcy order made against the Debtor; order nisi for costs in favour of the Petitioner.

Orders

  • Usual bankruptcy order against Mr Chong Yu On
  • Order nisi that the costs of the Petition, including all costs reserved, if any, be to the Petitioner