RE LAI KAM WING

RE LAI KAM WING

The court held there was no bona fide substantial dispute because the High Court order must be construed to require the defendant to execute and deliver documents effective to register change of ownership with the Marine Department (including valid licence and certificate of survey); the defendant had not done so and therefore paragraph 3 of the Order (payment of HK$1,200,000 and interest) became payable, justifying entry of a bankruptcy order.

Citation
RE LAI KAM WING
Parties
Petitioner: Mok Chung Sum; Debtor: Lai Kam Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2001
Case Number
HCB2701/2001
Procedural Posture
Bankruptcy Petition / Judgment Bankruptcy Order Made
Outcome
Bankruptcy order made against Lai Kam Wing
Legal Topics
Statutory Demand, Bankruptcy Order, Specific Performance, Summary Judgment, Security for Debt, Licencing and Registration of Vessel
Source Language
EN
Insolvency Contract Property Maritime Law Civil Procedure Statutory Demand Bankruptcy Order Specific Performance +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mok Chung Sum

Petitioner

Lai Kam Wing

Debtor

Procedural Posture

Bankruptcy Petition / Judgment Bankruptcy Order Made

Legal Issues

  1. 1 Whether there is a bona fide dispute on substantial grounds that the debtor is indebted pursuant to the High Court order
  2. 2 Proper construction of the High Court order (whether paragraph 1 required delivery of documents effective to register transfer)
  3. 3 Whether the petitioner was a secured creditor and effect on petition

Ratio Decidendi

The court held there was no bona fide substantial dispute because the High Court order must be construed to require the defendant to execute and deliver documents effective to register change of ownership with the Marine Department (including valid licence and certificate of survey); the defendant had not done so and therefore paragraph 3 of the Order (payment of HK$1,200,000 and interest) became payable, justifying entry of a bankruptcy order.

Court Disposition

Bankruptcy order made against Lai Kam Wing

Orders

  • Bankruptcy order against Lai Kam Wing
  • Costs to the petitioner to be taxed