Re: YUEN WAI YING
The Official Receiver's investigation under s.8(1) established that the debtor was insolvent, warranting a bankruptcy order; because the opposing creditor raised prima facie issues justifying investigation, the opposition was not unreasonable and costs were denied against the creditor.
Source-derived case information.
- Citation
- Re: YUEN WAI YING
- Parties
- Debtor: Yuen Wai Ying trading as Man Ying Seafood; Opposing Creditor: Mr Yik Kwok Leung; Official Receiver: Official Receiver
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 3 December 2001
- Case Number
- HCB4570/2001
- Procedural Posture
- Bankruptcy Petition/bankruptcy Proceedings / Hearing and Judgment (bankruptcy Order Made)
- Outcome
- Bankruptcy order made against the debtor
- Legal Topics
- Bankruptcy Order, Insolvency Investigation, Official Receiver Powers, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yuen Wai Ying trading as Man Ying Seafood
Debtor
Mr Yik Kwok Leung
Opposing Creditor
Official Receiver
Official Receiver
Procedural Posture
Bankruptcy Petition/bankruptcy Proceedings / Hearing and Judgment (bankruptcy Order Made)
Legal Issues
- 1 Whether the debtor is insolvent
- 2 Whether the debtor transferred assets to defeat creditors or concealed assets
- 3 Whether the opposition was unreasonable and whether costs should be awarded
Ratio Decidendi
The Official Receiver's investigation under s.8(1) established that the debtor was insolvent, warranting a bankruptcy order; because the opposing creditor raised prima facie issues justifying investigation, the opposition was not unreasonable and costs were denied against the creditor.
Court Disposition
Bankruptcy order made against the debtor
Orders
- Bankruptcy order made against Yuen Wai Ying trading as Man Ying Seafood
- No order for costs against the opposing creditor
Full Case Text
Judgment text and source record
1 paragraphs
bjbjU HCB 4570/2001 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE BANKRUPTCY PROCEEDINGS NO. 4570 OF 2001 ____________ Re: YUEN WAI YING, trading as Man Ying Seafood, the Debtor ____________ Before: Hon Kwan J in Court Date of Hearing: 3 December 2001 Date of Judgment: 3 December 2001 _______________ J U D G M E N T _______________ This is a petition presented by the debtor Madam Yuen Wai Ying, trading as Man Ying Seafood, for her own bankruptcy. The debtor has filed a statement of affairs disclosing that she has owed approximately HK$2.1 million to various unsecured creditors. The petition was adjourned several times due to the opposition of one of the creditors who has obtained a judgment against the debtor in July this year. In short, the creditor has alleged that the debtor is not insolvent and that she has transferred assets to others after or at the time of the petition and she has been carrying on business under another name. In those circumstances, I thought it appropriate to adjourn the petition for the Official Receiver to carry out such investigation as may be appropriate under Section 8(1) of the Bankruptcy Ordinance. I understand from the debtor s solicitors that the opposing creditor has since withdrawn his opposition to the petition and I have been told by the Official Receiver that an investigation of the debtor s affairs has been carried out. The Official Receiver is of the view that the debtor is insolvent and this would be an appropriate case for a bankruptcy order. In the circumstances, I make a bankruptcy order against the debtor. The debtor s solicitors ask for costs against the opposing creditor. I do not think it appropriate to award costs against the opposing creditor because I take the view that the matters raised by the opposing creditor do reveal a prima facie case for the Official Receiver to investigate into the debtor s affairs. I do not think the opposition was unreasonable. Hence, I decline to award costs against the opposing creditor. (S. Kwan) Judge of the Court of First Instance High Court Ms Wong Bing Yee, instructed by Messrs K Y Lo & Co., for the Debtor Opposing Creditor: Mr Yik Kwok Leung, absent Ms P Mckenna, for the Official Receiver - PAGE - & 6" HCPI No Alice LH Yu HCA.dot Sharon LY Shum Microsoft Word 9.0 HCPI No Title FeJ{ FeJ{ FeJ{ Microsoft Word Document MSWordDoc Word.Document.8