Re: WONG YAU CHEONG, Debtor and Ex-parte: KUNG KWOK WAI DAVID also known as DAVID KUNG, Petitioning Creditor

Re: WONG YAU CHEONG, Debtor and Ex-parte: KUNG KWOK WAI DAVID also known as DAVID KUNG, Petitioning Creditor

The court made a bankruptcy order because the debtor failed to pay the judgment debt or propose any securing or compounding of it, the debtor's asserted set-offs and defences were rejected as without merit or time-barred, no enforceable agreement to permit instalments existed, and the debtor failed to demonstrate a credible prospect of repayment.

Citation
Re: WONG YAU CHEONG, Debtor and Ex-parte: KUNG KWOK WAI DAVID also known as DAVID KUNG, Petitioning Creditor
Parties
Petitioning Creditor: Kung Kwok Wai David (also known as David Kung); Debtor: Wong Yau Cheong; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 November 2000
Case Number
HCB1464/2000
Procedural Posture
Bankruptcy Proceedings / Decision on Bankruptcy Petition (hearing 15 Nov 2000; Judgment 23 Nov 2000)
Outcome
Bankruptcy order made against the debtor Wong Yau Cheong
Legal Topics
Bankruptcy Petition for Judgment Debt, Summary Judgment, Relief Against Forfeiture, Mesne Profits, Set Off, Statutory Demand, Abandonment of Fixtures, Ability to Pay
Source Language
EN
Bankruptcy Landlord and Tenant Civil Procedure Bankruptcy Petition for Judgment Debt Summary Judgment Relief Against Forfeiture Mesne Profits Set Off +3 more

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Parties

Kung Kwok Wai David (also known as David Kung)

Petitioning Creditor

Wong Yau Cheong

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Decision on Bankruptcy Petition (hearing 15 Nov 2000; Judgment 23 Nov 2000)

Legal Issues

  1. 1 Whether a bankruptcy order should be made for non-payment of a judgment debt
  2. 2 Validity of debtor's alleged set-offs and cross-claims
  3. 3 Whether tendered cheques and alleged waiver/ex gratia payments defeated the judgment debt

Ratio Decidendi

The court made a bankruptcy order because the debtor failed to pay the judgment debt or propose any securing or compounding of it, the debtor's asserted set-offs and defences were rejected as without merit or time-barred, no enforceable agreement to permit instalments existed, and the debtor failed to demonstrate a credible prospect of repayment.

Court Disposition

Bankruptcy order made against the debtor Wong Yau Cheong

Orders

  • Bankruptcy order made against the debtor Wong Yau Cheong
  • Petitioner to have his costs