KONG PO KING v. CHAN KIN HANG, DANVIL

KONG PO KING v. CHAN KIN HANG, DANVIL

Madam Kong failed to discharge the onus of proving on the balance of probabilities that the claimed sums were debts payable by the company; the documentary evidence was insufficient and conflicted with other pleadings and versions, therefore the liquidator's rejection of the proof of debt was affirmed and the appeal dismissed with indemnity costs awarded to the liquidator in the sum of HK$92,600.

Citation
KONG PO KING v. CHAN KIN HANG, DANVIL
Parties
Applicant (creditor): Kong Po King; Respondent (liquidator): Chan Kin Hang, Danvil (in his capacity as liquidator of Supershine Limited)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 September 2009
Case Number
HCMP230/2009
Procedural Posture
Voluntary Liquidation Appeal Against Liquidator's Rejection of Proof of Debt / Chambers Hearing and Decision (court of First Instance)
Outcome
Appeal dismissed; liquidator's rejection of the proof of debt upheld
Legal Topics
Proof of Debt, Liquidator's Examination of Claims, Onus of Proof, Audit Confirmation, Conflicting Evidence, Indemnity Costs
Source Language
EN
Company Law Insolvency Civil Procedure Costs Proof of Debt Liquidator's Examination of Claims Onus of Proof Audit Confirmation +2 more

Case Brief

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Parties

Kong Po King

Applicant (creditor)

Chan Kin Hang, Danvil (in his capacity as liquidator of Supershine Limited)

Respondent (liquidator)

Procedural Posture

Voluntary Liquidation Appeal Against Liquidator's Rejection of Proof of Debt / Chambers Hearing and Decision (court of First Instance)

Legal Issues

  1. 1 Whether the claimant proved on the balance of probabilities that the alleged debt was a real debt due from the company
  2. 2 Whether the liquidator correctly exercised his power under the Companies (Winding-up) Rules in rejecting the proof of debt
  3. 3 Whether the documentary evidence (bank transfers, audit confirmation, audited financial statements) was satisfactory to substantiate the claim

Ratio Decidendi

Madam Kong failed to discharge the onus of proving on the balance of probabilities that the claimed sums were debts payable by the company; the documentary evidence was insufficient and conflicted with other pleadings and versions, therefore the liquidator's rejection of the proof of debt was affirmed and the appeal dismissed with indemnity costs awarded to the liquidator in the sum of HK$92,600.

Court Disposition

Appeal dismissed; liquidator's rejection of the proof of debt upheld

Orders

  • Appeal dismissed
  • Liquidator's decision to reject the proof of debt affirmed