RE LAM LAM

RE LAM LAM

The debtor failed to produce evidence establishing a substantial dispute as to the judgment debt, therefore the bankruptcy order should be granted; mere allegations of cross-claims or counterclaims in separate proceedings without substantive evidence do not prevent the making of a bankruptcy order.

Citation
RE LAM LAM
Parties
Judgment Creditor: Bank of China (Hong Kong) Limited; Debtor: Lam Lam; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 October 2002
Case Number
HCB14221/2002
Procedural Posture
Bankruptcy Petition / First Instance Judgment
Outcome
Bankruptcy order made against Madam Lam
Legal Topics
Undisputed Judgment Debt, Cross Claim, Substantial Grounds to Dispute Debt, Costs
Source Language
EN
Bankruptcy Civil Procedure Debt Recovery Undisputed Judgment Debt Cross Claim Substantial Grounds to Dispute Debt Costs

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Parties

Bank of China (Hong Kong) Limited

Judgment Creditor

Lam Lam

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / First Instance Judgment

Legal Issues

  1. 1 Whether the judgment debt is disputed on substantial grounds
  2. 2 Whether the debtor's alleged cross-claim prevents a bankruptcy order
  3. 3 Whether the evidence filed by the debtor meets the legal threshold to oppose the petition

Ratio Decidendi

The debtor failed to produce evidence establishing a substantial dispute as to the judgment debt, therefore the bankruptcy order should be granted; mere allegations of cross-claims or counterclaims in separate proceedings without substantive evidence do not prevent the making of a bankruptcy order.

Court Disposition

Bankruptcy order made against Madam Lam

Orders

  • Bankruptcy order made against the debtor (Madam Lam)
  • Bankruptcy order made with costs