Hong Kong Judgment

Court of First Instance

RE CHEUNG KWOK MING

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Source document

01

Holding and result

Because the judgment debt of roughly HK$1.5 million was due since September 2006, repeated adjournments to await payment had not produced any settlement and there was no indication when payment would be made, the court concluded there was no valid reason to adjourn further and therefore made the usual bankruptcy orders with costs against both debtors.

Court disposition

Bankruptcy orders granted against both debtors

Orders

  • Bankruptcy order in HCB 1475/2007 (Re: Cheung Kwok Ming)
  • Bankruptcy order in HCB 1476/2007 (Re: Cheung Kwok Leung)
  • Costs awarded to the petitioner (Hang Seng Bank Limited)

02

Material facts

Parties

Hang Seng Bank Limited

Petitioner Counsel: Ms R Lee (Messrs Li Kwok & Law)

Cheung Kwok Ming

Debtor Counsel: Ms Teresa Y M Liu (instructed by Messrs Tai Mak & Partners)

Cheung Kwok Leung

Debtor Counsel: Ms Teresa Y M Liu (instructed by Messrs Tai Mak & Partners)

Amounts and remedies

  • Judgment Debt: HKD 1,500,000

03

Procedural history

  1. Posture

    Bankruptcy Proceedings / Hearing on Bankruptcy Petitions and Decision to Make Bankruptcy Orders

04

Questions and positions

Legal issues

Party arguments

Applicant
Petitioner submitted there is an unpaid judgment debt of approximately HK$1.5 million due since September 2006, multiple adjournments to await payment had failed, and there was no indication when payment would be made; therefore there was no valid reason to adjourn further and bankruptcy orders with costs should be made.
Respondent
Debtors asserted that an acquisition contract had been entered into in May 2006 and sought more time to settle the debt, requesting adjournments to await payment.

05

Court’s reasoning

  1. 01

    Bankruptcy Ordinance (Cap. 6) and established insolvency practice in Hong Kong

    Court may make a bankruptcy order where a judgment debt is due and owing and there is no satisfactory prospect of payment

  2. 02

    Civil procedure principles and case management practice

    Adjournments to await payment are discretionary and should not be granted where repeated opportunities have failed to produce settlement

06

Ratio, limits and disposition

Ratio decidendi

Because the judgment debt of roughly HK$1.5 million was due since September 2006, repeated adjournments to await payment had not produced any settlement and there was no indication when payment would be made, the court concluded there was no valid reason to adjourn further and therefore made the usual bankruptcy orders with costs against both debtors.

Obiter and limits

  • The petitions had been adjourned several times at the debtors' request but without result
  • There was no indication from the debtors as to the timetable for settlement under the alleged acquisition contract

Court disposition

Bankruptcy orders granted against both debtors

  • Bankruptcy order in HCB 1475/2007 (Re: Cheung Kwok Ming)
  • Bankruptcy order in HCB 1476/2007 (Re: Cheung Kwok Leung)
  • Costs awarded to the petitioner (Hang Seng Bank Limited)

Source and reliance status

Court of First Instance · 11 June 2007

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Judgment text

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Source document

Court of First Instance

Judgment· 11 June 2007

RE CHEUNG KWOK MING

bjbj HCB 1475/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE BANKRUPTCY PROCEEDINGS NO. 1475 OF 2007 ____ Re: CHEUNG KWOK MING Ex Parte: HANG SENG BANK LIMITED ____ HCB 1476/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE BANKRUPTCY PROCEEDINGS NO. 1476 OF 2007 ____ Re: CHEUNG KWOK LEUNG Ex Parte: HANG SENG BANK LIMITED ____ Before: Hon Chung J in Court Date of Hearing: 11 June 2007 Date of Judgment: 11 June 2007 ______

J U D G M E N T ______ It is common ground HCB 1475/2007 is related to HCB 1476/2007. In fact, these two petitions are based on the same judgment debt in the sum of roughly HK$1.5 million and the debt was due and owing since September 2006. Despite the two debtors assertion that an acquisition contract has been entered into in May 2006 (more than 1 year ago), there is no indication when the debt can be settled. At the debtors request, the petitions had earlier been adjourned several times to await payment by the debtors (but to no avail). In these circumstances, I agree with the petitioner that there is no valid reason to adjourn them further. There will accordingly be the usual bankruptcy order with costs in respect of both petitions. (Andrew Chung) Judge of the Court of First Instance High Court Ms R Lee of Messrs Li Kwok & Law, for the Petitioner Ms Teresa Y M Liu instructed by Messrs Tai Mak & Partners, for the Debtors Ms S 1udk 1udk i$&`G hcb.dot setup Microsoft Word 9.0 Judiciary Hong Kong Title Microsoft Word Document MSWordDoc Word.Document.8

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Bankruptcy Ordinance (Cap. 6)

Legislation

Legislation referenced in the available case record.

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