RE: LI WAI MAN and EX PARTE: HANG TUNG SECURITIES LTD.

RE: LI WAI MAN and EX PARTE: HANG TUNG SECURITIES LTD.

The summons was dismissed because the asserted cross-claim was raised for the first time without satisfactory explanation, solicitor error does not amount to the special circumstances or good cause required by rule 204, and permitting the belated claim would be an abuse of process/res judicata; accordingly time will not be extended and the bankruptcy order was made.

Citation
RE: LI WAI MAN and EX PARTE: HANG TUNG SECURITIES LTD.
Parties
Petitioner: Hang Tung Securities Limited; Debtor: Li Wai Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 2000
Case Number
HCB211/1999
Procedural Posture
Bankruptcy Proceedings / Hearing on Application to Extend Time Under Rule 204 to Apply to Set Aside Statutory Demand; Decision Given
Outcome
Summons dismissed; bankruptcy order made against the Debtor
Legal Topics
Statutory Demand, Extension of Time, Rule 204, Set Aside, Cross Claim, Service of Process, Summary Judgment, Res Judicata, Abuse of Process
Source Language
EN
Bankruptcy Civil Procedure Contract Insolvency Statutory Demand Extension of Time Rule 204 Set Aside +5 more

Case Brief

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Parties

Hang Tung Securities Limited

Petitioner

Li Wai Man

Debtor

Procedural Posture

Bankruptcy Proceedings / Hearing on Application to Extend Time Under Rule 204 to Apply to Set Aside Statutory Demand; Decision Given

Legal Issues

  1. 1 Whether the court should grant leave to apply to set aside a statutory demand out of time under rule 204
  2. 2 Whether a cross-claim first raised after time expired constitutes special circumstances or good cause
  3. 3 Whether solicitor or agent mistake amounts to special circumstances

Ratio Decidendi

The summons was dismissed because the asserted cross-claim was raised for the first time without satisfactory explanation, solicitor error does not amount to the special circumstances or good cause required by rule 204, and permitting the belated claim would be an abuse of process/res judicata; accordingly time will not be extended and the bankruptcy order was made.

Court Disposition

Summons dismissed; bankruptcy order made against the Debtor

Orders

  • Summons for leave to apply to set aside the Statutory Demand out of time under rule 204 dismissed
  • Usual bankruptcy order made against Li Wai Man