RE CHEUNG YUK SHING

RE CHEUNG YUK SHING

The judge concluded the disputed factual issues about the nature of the payments and the authenticity/operation of the agency agreement could not be resolved on affidavit evidence and required trial; accordingly a bankruptcy order was refused at this stage and the petition was stayed until after the trial of the related actions.

Citation
RE CHEUNG YUK SHING
Parties
Petitioner: Spokesman Enterprises Limited; Debtor: Mr Cheung Yuk Shing; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2008
Case Number
HCB8437/2007
Procedural Posture
Bankruptcy Petition / Stay Pending Trial of Related Actions
Outcome
Bankruptcy order refused at this stage; petition stayed until after trial of related actions
Legal Topics
Bona Fide Dispute, Cross Claim Set Off, Summary Judgment, Stay of Proceedings, Taxation of Costs
Source Language
EN
Bankruptcy Civil Procedure Contract Property Law Costs Bona Fide Dispute Cross Claim Set Off Summary Judgment +2 more

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Parties

Spokesman Enterprises Limited

Petitioner

Mr Cheung Yuk Shing

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Stay Pending Trial of Related Actions

Legal Issues

  1. 1 Whether the debtor has a bona fide dispute of substance or a bona fide and substantial cross-claim exceeding the petition debt
  2. 2 Whether a bankruptcy order should be made or the petition stayed pending resolution of related actions
  3. 3 Whether receipts and agency agreement show payments were agency fees rather than rent

Ratio Decidendi

The judge concluded the disputed factual issues about the nature of the payments and the authenticity/operation of the agency agreement could not be resolved on affidavit evidence and required trial; accordingly a bankruptcy order was refused at this stage and the petition was stayed until after the trial of the related actions.

Court Disposition

Bankruptcy order refused at this stage; petition stayed until after trial of related actions

Orders

  • Petition stayed until after outcome of trial of HCA 3764/2003 and HCA 1218/2004
  • Order nisi that the costs of this hearing be paid by the Petitioner to the Debtor, to be taxed on the party and party basis if not agreed