有關周黎明事宜

有關周黎明事宜

The petition was granted because the debt is an adjudicated judgment debt and the debtor failed to demonstrate fraud or a clear miscarriage of justice sufficient to justify the court going behind that judgment; therefore a general bankruptcy order was appropriate.

Citation
有關周黎明事宜
Parties
Creditors / Petitioners: 李宇祥; 彭錦輝; 郭威; 葉澤深律師事務所 (Y.C. Lee, Pang, Kwok & Ip, Solicitors); Debtor: 周黎明 (Chow Lai Ming); Absent Statutory Respondent: 破產管理署 (Official Receiver)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 September 2013
Case Number
HCB1939/2013
Procedural Posture
Bankruptcy Petition / Judgment / Order Made
Outcome
Petition allowed; general bankruptcy order made against the debtor
Legal Topics
Bankruptcy Petition Based on Judgment Debt, Enforcement of Taxed Costs, Taxation of Costs, Res Judicata and Finality of Judgments, Fraud and Miscarriage of Justice Exception
Source Language
CH
Bankruptcy Civil Procedure Costs Legal Aid Professional Negligence Bankruptcy Petition Based on Judgment Debt Enforcement of Taxed Costs Taxation of Costs +2 more

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Parties

李宇祥; 彭錦輝; 郭威; 葉澤深律師事務所 (Y.C. Lee, Pang, Kwok & Ip, Solicitors)

Creditors / Petitioners

周黎明 (Chow Lai Ming)

Debtor

破產管理署 (Official Receiver)

Absent Statutory Respondent

Procedural Posture

Bankruptcy Petition / Judgment / Order Made

Legal Issues

  1. 1 Whether the bankruptcy petition based on a judgment debt should be dismissed because the debtor disputes the underlying judgment
  2. 2 Whether the court may re‑open or go behind a prior costs assessment and judgment
  3. 3 Whether the debtor established fraud or a clear miscarriage of justice to justify revisiting the judgment

Ratio Decidendi

The petition was granted because the debt is an adjudicated judgment debt and the debtor failed to demonstrate fraud or a clear miscarriage of justice sufficient to justify the court going behind that judgment; therefore a general bankruptcy order was appropriate.

Court Disposition

Petition allowed; general bankruptcy order made against the debtor

Orders

  • Make a general bankruptcy order against Chow Lai Ming
  • Debtor to pay the involved taxed costs as assessed (the judgment debt)