RE KE JUNXIANG

RE KE JUNXIANG

The court found the petitioner's account internally inconsistent and unsupported by documentary evidence while the respondent's account was consistent with documents; because the debt was shown to be disputed on substantial grounds the bankruptcy petition was dismissed.

Citation
RE KE JUNXIANG
Parties
Petitioner: Man Fung (Holding) Company Limited; Debtor/respondent: Ke Junxiang (柯俊翔)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 May 2014
Case Number
HCB5542/2013
Procedural Posture
Bankruptcy Petition / Decision on Petition (hearing and Reasons for Judgment)
Outcome
Bankruptcy petition dismissed
Legal Topics
Disputed Debt, Dishonoured Cheques, Post Dated Cheques, Loan Vs Guarantee, Credibility of Evidence, Share Placing
Source Language
EN
Bankruptcy Insolvency Contract Civil Procedure Evidence Disputed Debt Dishonoured Cheques Post Dated Cheques +3 more

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Parties

Man Fung (Holding) Company Limited

Petitioner

Ke Junxiang (柯俊翔)

Debtor/respondent

Procedural Posture

Bankruptcy Petition / Decision on Petition (hearing and Reasons for Judgment)

Legal Issues

  1. 1 Whether the alleged debt arising from dishonoured cheques is disputed on substantial grounds
  2. 2 Whether the petitioner established entitlement to a bankruptcy order
  3. 3 Credibility and consistency of competing factual accounts

Ratio Decidendi

The court found the petitioner's account internally inconsistent and unsupported by documentary evidence while the respondent's account was consistent with documents; because the debt was shown to be disputed on substantial grounds the bankruptcy petition was dismissed.

Court Disposition

Bankruptcy petition dismissed

Orders

  • Bankruptcy petition dismissed
  • Official Receiver attendance excused