RE TAM KWOK HUNG JOHNSON

RE TAM KWOK HUNG JOHNSON

Debtor failed to comply with the statutory demand and did not set aside the default judgment; he did not adduce credible, precise evidence of a bona fide dispute on substantial grounds regarding the judgment debt (unsigned settlement and alleged oral agreement unsupported; no evidence shares were security); therefore the judgment stands as prima facie proof of indebtedness and a bankruptcy order is appropriate.

Citation
[2024] HKCFI 1573
Parties
Petitioner: Chan Siu Fai; Debtor: Tam Kwok Hung Johnson; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 June 2024
Case Number
HCB5483/2023
Procedural Posture
Bankruptcy Petition / Hearing of Petition; Bankruptcy Order Made
Outcome
Bankruptcy order made against the Debtor
Legal Topics
Statutory Demand, Default Judgment, Bona Fide Dispute, Settlement Agreement, Security for Loan, Deed of Guarantee, Bankruptcy Order
Source Language
EN
Bankruptcy Insolvency Contract Civil Procedure Statutory Demand Default Judgment Bona Fide Dispute Settlement Agreement +3 more

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Parties

Chan Siu Fai

Petitioner

Tam Kwok Hung Johnson

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing of Petition; Bankruptcy Order Made

Legal Issues

  1. 1 Whether the Debtor is unable to pay his debts pursuant to s.6A(1)(a) of the Bankruptcy Ordinance
  2. 2 Whether there is a bona fide dispute on substantial grounds regarding the judgment debt
  3. 3 Whether the court should go behind a judgment obtained by default

Ratio Decidendi

Debtor failed to comply with the statutory demand and did not set aside the default judgment; he did not adduce credible, precise evidence of a bona fide dispute on substantial grounds regarding the judgment debt (unsigned settlement and alleged oral agreement unsupported; no evidence shares were security); therefore the judgment stands as prima facie proof of indebtedness and a bankruptcy order is appropriate.

Court Disposition

Bankruptcy order made against the Debtor

Orders

  • Usual bankruptcy order made against the Debtor