RE: MAN CHING YI, WENDY and EX PARTE: QUINWAY CO. LTD. A Creditor

RE: MAN CHING YI, WENDY and EX PARTE: QUINWAY CO. LTD. A Creditor

The court accepted the petitioner's documentary evidence (notably the 30 Sept 1998 fax, the debtor's note and solicitors' correspondence) over the debtors' oral account, found the alleged release agreement unproved on the balance of probabilities, concluded no bona fide dispute on substantial grounds existed as to the debt, and therefore made bankruptcy orders against each debtor.

Citation
RE: MAN CHING YI, WENDY and EX PARTE: QUINWAY CO. LTD. A Creditor
Parties
Petitioner/creditor: Quinway Co. Ltd; Debtor: Man Ching Yi, Wendy; Debtor: Chan Ka Keung; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 September 2000
Case Number
HCB1033/1999
Procedural Posture
Bankruptcy Petition (personal Guarantors) / Hearing on Petitions and Judgment (bankruptcy Order Made)
Outcome
Bankruptcy order made against each debtor
Legal Topics
Personal Guarantee, Statutory Demand, Bona Fide Dispute, Bankruptcy Order, Mesne Profits, Licence Transfer, Abandonment of Chattels, Set Off
Source Language
EN
Bankruptcy Contract Landlord and Tenant Debt Recovery Evidence Personal Guarantee Statutory Demand Bona Fide Dispute +5 more

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Parties

Quinway Co. Ltd

Petitioner/creditor

Man Ching Yi, Wendy

Debtor

Chan Ka Keung

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition (personal Guarantors) / Hearing on Petitions and Judgment (bankruptcy Order Made)

Legal Issues

  1. 1 Whether an alleged agreement barred enforcement of the personal guarantee
  2. 2 Whether the debtors raised a bona fide dispute on substantial grounds to resist the bankruptcy petitions
  3. 3 Whether documentary evidence supported the debt claimed and the alleged agreement

Ratio Decidendi

The court accepted the petitioner's documentary evidence (notably the 30 Sept 1998 fax, the debtor's note and solicitors' correspondence) over the debtors' oral account, found the alleged release agreement unproved on the balance of probabilities, concluded no bona fide dispute on substantial grounds existed as to the debt, and therefore made bankruptcy orders against each debtor.

Court Disposition

Bankruptcy order made against each debtor

Orders

  • Bankruptcy order made against Man Ching Yi, Wendy
  • Bankruptcy order made against Chan Ka Keung