RE MUI KWOK KEUNG

RE MUI KWOK KEUNG

The petition is dismissed because the debtor failed to discharge the burden of proving he is unable to pay his debts: there is a prima facie case that assets (the Sum transferred to Madam Chan and the 50% beneficial interest in the Property) remain beneficially owned by the debtor and he produced no evidence of legitimate consideration for the transfers, so he cannot show inability to pay the enforceable Compensation Order.

Citation
RE MUI KWOK KEUNG
Parties
Debtor: Mui Kwok Keung; Opposing Creditor: Wong Wui Shing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2016
Case Number
HCB6633/2015
Procedural Posture
Bankruptcy Proceedings / Hearing on Debtor's Petition (self Petition)
Outcome
petition dismissed
Legal Topics
Self Petition, Burden of Proof, Hidden Assets, Compensation Order, Fraudulent Conveyance, Clean Hands, Locus Standi
Source Language
EN
Bankruptcy Conveyancing and Property Civil Procedure Criminal Law Self Petition Burden of Proof Hidden Assets Compensation Order +3 more

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Parties

Mui Kwok Keung

Debtor

Wong Wui Shing

Opposing Creditor

Procedural Posture

Bankruptcy Proceedings / Hearing on Debtor's Petition (self Petition)

Legal Issues

  1. 1 Whether opposing party is a creditor with locus standi to oppose the debtor's petition
  2. 2 Whether the debtor has discharged the burden under s10 Bankruptcy Ordinance to prove inability to pay his debts
  3. 3 Whether assets transferred to a third party (Madam Chan) are retained beneficially by the debtor and thus should be available to satisfy creditors

Ratio Decidendi

The petition is dismissed because the debtor failed to discharge the burden of proving he is unable to pay his debts: there is a prima facie case that assets (the Sum transferred to Madam Chan and the 50% beneficial interest in the Property) remain beneficially owned by the debtor and he produced no evidence of legitimate consideration for the transfers, so he cannot show inability to pay the enforceable Compensation Order.

Court Disposition

petition dismissed

Orders

  • Petition dismissed
  • Order nisi that the costs of the petition be paid by the Debtor to the opposing creditor, to be taxed if not agreed