Re: CHENG HOK CHEUNG and Ex Parte: BANK OF CHINA (HONG KONG) LTD.

Re: CHENG HOK CHEUNG and Ex Parte: BANK OF CHINA (HONG KONG) LTD.

Given the judgment debt of HK$15,542,982.83, compliance with service (including substituted service), and the debtor's unsuccessful application to set aside the default judgment and dismissed appeal, a bankruptcy order was appropriate and was made.

Citation
Re: CHENG HOK CHEUNG and Ex Parte: BANK OF CHINA (HONG KONG) LTD.
Parties
Petitioner: Bank of China (Hong Kong) Limited; Debtor: Cheng Hok Cheung; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2002
Case Number
HCB5154/2001
Procedural Posture
Bankruptcy Proceedings (court of First Instance) / Judgment Bankruptcy Order Made
Outcome
Bankruptcy order made against Cheng Hok Cheung
Legal Topics
Statutory Demand, Bankruptcy Petition, Default Judgment, Substituted Service, Costs
Source Language
EN
Bankruptcy Insolvency Civil Procedure Debt Recovery Statutory Demand Bankruptcy Petition Default Judgment Substituted Service +1 more

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Parties

Bank of China (Hong Kong) Limited

Petitioner

Cheng Hok Cheung

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings (court of First Instance) / Judgment Bankruptcy Order Made

Legal Issues

  1. 1 Whether a bankruptcy order should be made based on an outstanding judgment debt and served statutory demand
  2. 2 Validity and compliance with substituted service order
  3. 3 Whether the debtor's applications to set aside the default judgment and subsequent appeal succeed

Ratio Decidendi

Given the judgment debt of HK$15,542,982.83, compliance with service (including substituted service), and the debtor's unsuccessful application to set aside the default judgment and dismissed appeal, a bankruptcy order was appropriate and was made.

Court Disposition

Bankruptcy order made against Cheng Hok Cheung

Orders

  • Bankruptcy order made against the Debtor Cheng Hok Cheung
  • Costs awarded to the Petitioner Bank of China (Hong Kong) Limited