IN RE MADAM POON YEE PING STELLA

IN RE MADAM POON YEE PING STELLA

The debtor's asserted counterclaim was repeatedly examined by lower courts and the Court of Appeal and was found to lack substance and realistic prospect of success; the statutory demand had been brought to the debtor's notice; consequently the counterclaim is not a sufficient impediment to the petition and the debtor is to be adjudged bankrupt.

Citation
IN RE MADAM POON YEE PING STELLA
Parties
Petitioner/creditor: Petitioner; Judgment Debtor/debtor: Madam Poon Yee Ping Stella; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 March 1999
Case Number
HCB1112/1998
Procedural Posture
Bankruptcy Proceedings / Petition Hearing and Adjudication (adjudgment Made)
Outcome
Debtor adjudged bankrupt
Legal Topics
Statutory Demand, Counterclaim, Stay of Execution, Failure of Consideration, Summary Judgment, Adjudication in Bankruptcy
Source Language
EN
Bankruptcy Civil Procedure Contract Law Negotiable Instruments Law Statutory Demand Counterclaim Stay of Execution Failure of Consideration +2 more

Case Brief

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Parties

Petitioner

Petitioner/creditor

Madam Poon Yee Ping Stella

Judgment Debtor/debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Petition Hearing and Adjudication (adjudgment Made)

Legal Issues

  1. 1 Whether the statutory demand was validly served and notified to the debtor
  2. 2 Whether the debtor's asserted counterclaim is a serious/solid cross‑claim sufficient to defeat the bankruptcy petition
  3. 3 Whether the counterclaim has a realistic prospect of success on the merits (package deal/partial failure of consideration)

Ratio Decidendi

The debtor's asserted counterclaim was repeatedly examined by lower courts and the Court of Appeal and was found to lack substance and realistic prospect of success; the statutory demand had been brought to the debtor's notice; consequently the counterclaim is not a sufficient impediment to the petition and the debtor is to be adjudged bankrupt.

Court Disposition

Debtor adjudged bankrupt

Orders

  • Debtor adjudged bankrupt