RE LAW SIU LUN
The court found no bona fide dispute on substantial grounds: contemporaneous text messages and seven receipts from Funing supported the Petitioner’s loan claim; the Debtor's later unparticularised oral agreement allegation was inconsistent with documentary evidence (EM Form showing employment with Funing) and raised late without explanation; prior HCSD application was dismissed as out of time. Accordingly a usual bankruptcy order was appropriate.
- Citation
- [2026] HKCFI 2364
- Parties
- Petitioner: DIMENSION ENGINEERING CONSULTANCY LIMITED; Debtor: LAW SIU LUN (羅少麟); Official Receiver: Official Receiver
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 27 April 2026
- Case Number
- HCB8176/2025
- Procedural Posture
- Bankruptcy Proceedings / Bankruptcy Petition Hearing (reasons for Judgment)
- Outcome
- Usual bankruptcy order made against the Debtor in favour of the Petitioner with costs to the Petitioner
- Legal Topics
- Statutory Demand, Setting Aside Statutory Demand, Debt Recovery, Oral Agreement, Bona Fide Dispute, Bankruptcy Rules (rule 68)
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
DIMENSION ENGINEERING CONSULTANCY LIMITED
Petitioner
LAW SIU LUN (羅少麟)
Debtor
Official Receiver
Official Receiver
Procedural Posture
Bankruptcy Proceedings / Bankruptcy Petition Hearing (reasons for Judgment)
Legal Issues
- 1 Whether there was a bona fide dispute on substantial grounds to defeat the petition
- 2 Whether the alleged oral agreement (employment/sub-contract for HK$1,000,000) displaced the petitioning debt constituted by the loan
- 3 Whether misnomer in the statutory demand justified setting it aside
Ratio Decidendi
The court found no bona fide dispute on substantial grounds: contemporaneous text messages and seven receipts from Funing supported the Petitioner’s loan claim; the Debtor's later unparticularised oral agreement allegation was inconsistent with documentary evidence (EM Form showing employment with Funing) and raised late without explanation; prior HCSD application was dismissed as out of time. Accordingly a usual bankruptcy order was appropriate.
Court Disposition
Usual bankruptcy order made against the Debtor in favour of the Petitioner with costs to the Petitioner
Orders
- Bankruptcy order made against the Debtor
- Costs awarded to the Petitioner
Full Case Text
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