RE SI RONG BIN
Debtor failed to demonstrate a bona fide defence or to make proper procedural use of adjournments and supporting evidence; the open offer to pay corroborated indebtedness; accordingly there was no defence and the court made a bankruptcy order against the debtor.
- Citation
- RE SI RONG BIN
- Parties
- Official Receiver: Official Receiver
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 6 March 2017
- Case Number
- HCB7910/2016
- Procedural Posture
- Bankruptcy Petition / Ruling/order
- Outcome
- Bankruptcy order made against the debtor with costs.
- Legal Topics
- Default Judgment, Setting Aside Judgment, Acknowledgement of Service, Adjournment, Offer of Settlement, Bankruptcy Order
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
Official Receiver
Official Receiver
Procedural Posture
Bankruptcy Petition / Ruling/order
Legal Issues
- 1 Whether the debtor has a defence to the petition based on the High Court default judgment
- 2 Whether the debtor properly applied to set aside the default judgment
- 3 Whether a bankruptcy order should be made against the debtor
Ratio Decidendi
Debtor failed to demonstrate a bona fide defence or to make proper procedural use of adjournments and supporting evidence; the open offer to pay corroborated indebtedness; accordingly there was no defence and the court made a bankruptcy order against the debtor.
Court Disposition
Bankruptcy order made against the debtor with costs.
Orders
- Make the usual bankruptcy order with costs against the debtor.
Full Case Text
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