RE: CHAN KA KEUNG and EX PARTE: QUINWAY CO. LTD A Creditor

RE: CHAN KA KEUNG and EX PARTE: QUINWAY CO. LTD A Creditor

The judge found on the balance of probabilities that the alleged agreement as pleaded by the debtors was not established; contemporaneous documents (the 30 September 1998 fax, the debtor's note and the solicitor's letter) supported the petitioner's account and showed non‑compliance by the debtors with agreed conditions, so there was no bona fide dispute on substantial grounds and bankruptcy orders were justified.

Citation
RE: CHAN KA KEUNG and EX PARTE: QUINWAY CO. LTD A Creditor
Parties
Petitioner (creditor): Quinway Co. Ltd; Debtor: Man Ching Yi Wendy; Debtor: Chan Ka Keung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 September 2000
Case Number
HCB1324/1999
Procedural Posture
Bankruptcy Petition / Hearing and Judgment (bankruptcy Order Made)
Outcome
Bankruptcy order made against each debtor; costs awarded to the petitioner
Legal Topics
Statutory Demand, Personal Guarantee, Mesne Profits, Vacant Possession, Licence Transfer, Abandonment of Chattels, Bona Fide Dispute
Source Language
EN
Bankruptcy Contract Landlord and Tenant Guarantee Property Law Statutory Demand Personal Guarantee Mesne Profits +4 more

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Parties

Quinway Co. Ltd

Petitioner (creditor)

Man Ching Yi Wendy

Debtor

Chan Ka Keung

Debtor

Procedural Posture

Bankruptcy Petition / Hearing and Judgment (bankruptcy Order Made)

Legal Issues

  1. 1 Whether the debtors raised a bona fide dispute on substantial grounds to defeat the bankruptcy petitions
  2. 2 Whether an agreement existed releasing the debtors from liability under their personal guarantee
  3. 3 Whether the petitioner was a secured creditor or entitled to set‑off the rental deposit

Ratio Decidendi

The judge found on the balance of probabilities that the alleged agreement as pleaded by the debtors was not established; contemporaneous documents (the 30 September 1998 fax, the debtor's note and the solicitor's letter) supported the petitioner's account and showed non‑compliance by the debtors with agreed conditions, so there was no bona fide dispute on substantial grounds and bankruptcy orders were justified.

Court Disposition

Bankruptcy order made against each debtor; costs awarded to the petitioner

Orders

  • Bankruptcy order made against Man Ching Yi Wendy
  • Bankruptcy order made against Chan Ka Keung