RE WONG WAI KEE RICKIE

RE WONG WAI KEE RICKIE

The Debtor failed to establish any bona fide dispute on substantial grounds nor a set-off exceeding the debt; documentary and oral evidence favour the Creditor's computation of loans, conference charges and commission clawbacks; statutory demand was not set aside and, under s.6A(1)(a) of the Bankruptcy Ordinance the Debtor is deemed unable to pay; therefore a bankruptcy order is properly made against the Debtor.

Citation
RE WONG WAI KEE RICKIE
Parties
Petitioner/creditor: Petitioning Creditor (limited company previously known as Lippo Protective Life Insurance Company Limited); Debtor: Wong Wai Kee Rickie
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 April 2000
Case Number
HCB1568/1998
Procedural Posture
Bankruptcy Petition / Judgment
Outcome
Bankruptcy order made against the Debtor
Legal Topics
Statutory Demand, Set Off, Commission Disputes, Agency Agreement, Commission Clawback, Validation Requirement, Witness Evidence, Bankruptcy Order
Source Language
EN
Bankruptcy Insolvency Contract/agency Law Civil Procedure Statutory Demand Set Off Commission Disputes Agency Agreement +4 more

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Parties

Petitioning Creditor (limited company previously known as Lippo Protective Life Insurance Company Limited)

Petitioner/creditor

Wong Wai Kee Rickie

Debtor

Procedural Posture

Bankruptcy Petition / Judgment

Legal Issues

  1. 1 Whether the debt is disputed on grounds which appear to be substantial
  2. 2 Whether the Debtor appears to have a set-off that exceeds the debts stated in the statutory demand
  3. 3 Whether the Debtor is unable to pay the debts

Ratio Decidendi

The Debtor failed to establish any bona fide dispute on substantial grounds nor a set-off exceeding the debt; documentary and oral evidence favour the Creditor's computation of loans, conference charges and commission clawbacks; statutory demand was not set aside and, under s.6A(1)(a) of the Bankruptcy Ordinance the Debtor is deemed unable to pay; therefore a bankruptcy order is properly made against the Debtor.

Court Disposition

Bankruptcy order made against the Debtor

Orders

  • Bankruptcy order against the Debtor Wong Wai Kee Rickie
  • Costs awarded to the Petitioning Creditor