C v. B LTD

C v. B LTD

The applicant failed to adduce particularised, credible evidence of a substantial bona fide dispute under rule 48(5)(b); the underlying District Court judgment is effective and binding and the court will not re-visit its soundness on this application; accordingly the application to set aside the statutory demand is dismissed and the respondent is authorised under rule 48(7) to present a bankruptcy petition after 14 days.

Citation
[2021] HKCFI 1981
Parties
Applicant: C; Respondent: B LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 June 2021
Case Number
HCSD58/2020
Procedural Posture
Application to Set Aside Statutory Demand (bankruptcy/credit Card Judgment) / Decision on Setting Aside Application (hearing and Decision 22 June 2021)
Outcome
Setting aside application dismissed; statutory demand upheld; respondent authorised to present bankruptcy petition after 14 days.
Legal Topics
Statutory Demand, Setting Aside, Judgment Debt, Interest Calculation, Medical Incapacity
Source Language
EN
Bankruptcy Civil Procedure Debt Recovery Contract Statutory Demand Setting Aside Judgment Debt Interest Calculation +1 more

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Parties

C

Applicant

B LTD

Respondent

Procedural Posture

Application to Set Aside Statutory Demand (bankruptcy/credit Card Judgment) / Decision on Setting Aside Application (hearing and Decision 22 June 2021)

Legal Issues

  1. 1 Whether debt is disputed on grounds which appear substantial under rule 48(5)(b)
  2. 2 Whether the court should go behind an unappealed District Court judgment underlying the statutory demand
  3. 3 Whether the applicant adduced particularised, credible evidence of a bona fide defence to the judgment debt

Ratio Decidendi

The applicant failed to adduce particularised, credible evidence of a substantial bona fide dispute under rule 48(5)(b); the underlying District Court judgment is effective and binding and the court will not re-visit its soundness on this application; accordingly the application to set aside the statutory demand is dismissed and the respondent is authorised under rule 48(7) to present a bankruptcy petition after 14 days.

Court Disposition

Setting aside application dismissed; statutory demand upheld; respondent authorised to present bankruptcy petition after 14 days.

Orders

  • Setting aside application dismissed.
  • Respondent authorised to present a bankruptcy petition against the applicant after 14 days from 22 June 2021 pursuant to rule 48(7) Bankruptcy Rules Cap 6A.