RE FANG SAU MEI ANGEL

RE FANG SAU MEI ANGEL

The bankruptcy order was proper because the debt was established by final judgment and the debtor failed to file required notice or affidavit and did not, on the balance of probabilities, prove abandonment of her Hong Kong domicile or acquisition of a new domicile abroad; bare assertions and travel records did not discharge the burden to rebut the presumption of domicile of origin.

Citation
[2023] HKCFI 1595
Parties
Petitioner: Bright Smart Futures & Commodities Company Limited (耀才期貨及商品有限公司); Debtor: Fang Sau Mei Angel (馮秀微); Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 June 2023
Case Number
HCB1023/2023
Procedural Posture
Bankruptcy / Bankruptcy Petition Hearing and Order Made
Outcome
Bankruptcy order made against the Debtor.
Legal Topics
Domicile, Jurisdiction, Judgment Debt, Service, Bankruptcy Order
Source Language
EN
Bankruptcy Civil Procedure Private International Law Domicile Jurisdiction Judgment Debt Service Bankruptcy Order

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Parties

Bright Smart Futures & Commodities Company Limited (耀才期貨及商品有限公司)

Petitioner

Fang Sau Mei Angel (馮秀微)

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Bankruptcy Petition Hearing and Order Made

Legal Issues

  1. 1 Whether the petitioner established a debt sufficient to support a bankruptcy petition
  2. 2 Whether the debtor has rebutted the presumption of domicile of origin and proved a change of domicile such that s.4(1) BO jurisdictional requirement fails

Ratio Decidendi

The bankruptcy order was proper because the debt was established by final judgment and the debtor failed to file required notice or affidavit and did not, on the balance of probabilities, prove abandonment of her Hong Kong domicile or acquisition of a new domicile abroad; bare assertions and travel records did not discharge the burden to rebut the presumption of domicile of origin.

Court Disposition

Bankruptcy order made against the Debtor.

Orders

  • Made the usual bankruptcy order against the Debtor.