RE: CHAN CHUN HEI DAVID and EX PARTE: CHAN KAM TSUEN WALTER

RE: CHAN CHUN HEI DAVID and EX PARTE: CHAN KAM TSUEN WALTER

Because a judgment debt remained outstanding despite service of a statutory demand, and the creditor was not a party to the separate proceedings about severance of the joint tenancy, there was no basis to delay enforcement; accordingly a bankruptcy order should be made and costs awarded to the petitioner.

Citation
RE: CHAN CHUN HEI DAVID and EX PARTE: CHAN KAM TSUEN WALTER
Parties
Petitioner: Chan Kam Tsuen Walter; Debtor: Chan Chun Hei David; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 October 2001
Case Number
HCB2610/2001
Procedural Posture
Bankruptcy Proceedings / Bankruptcy Order Made
Outcome
Bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Charging Order, Order of Sale, Joint Tenancy Severance, Security for Costs
Source Language
EN
Bankruptcy Property Law Civil Procedure Statutory Demand Charging Order Order of Sale Joint Tenancy Severance Security for Costs

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Chan Kam Tsuen Walter

Petitioner

Chan Chun Hei David

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Bankruptcy Order Made

Legal Issues

  1. 1 Whether a bankruptcy order should be made despite pending litigation concerning severance of joint tenancy to which creditor is not a party
  2. 2 Whether the petitioner must wait for resolution of separate property litigation before enforcing a judgment debt
  3. 3 Effect of petitioner offering to give up security on granting a bankruptcy order

Ratio Decidendi

Because a judgment debt remained outstanding despite service of a statutory demand, and the creditor was not a party to the separate proceedings about severance of the joint tenancy, there was no basis to delay enforcement; accordingly a bankruptcy order should be made and costs awarded to the petitioner.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy Order made against Chan Chun Hei David
  • Costs to the petitioner, including costs reserved on 8 October 2001