KO CHI KEUNG v. LEE PING YAN ANDREW

KO CHI KEUNG v. LEE PING YAN ANDREW

Given the judgment debt and statutory demand, the dismissal of the debtor's appeal for failure to provide ordered security for costs, and the debtor's decision not to contest, the court was obliged to make a bankruptcy order and award costs to the petitioner.

Citation
KO CHI KEUNG v. LEE PING YAN ANDREW
Parties
Petitioner (creditor): Oriental Patron China Investment Limited; Debtor: Wong Chun Hung; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 April 2002
Case Number
HCB8889/2001
Procedural Posture
Bankruptcy Petition (bankruptcy Proceedings No. 8889 of 2001) / Hearing and Order Made (bankruptcy Order Issued on 15 April 2002)
Outcome
Bankruptcy order made against the debtor Wong Chun Hung.
Legal Topics
Statutory Demand, Bankruptcy Order, Security for Costs, Summary Judgment
Source Language
EN
Bankruptcy Civil Procedure Appeal Statutory Demand Bankruptcy Order Security for Costs Summary Judgment

Case Brief

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Parties

Oriental Patron China Investment Limited

Petitioner (creditor)

Wong Chun Hung

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition (bankruptcy Proceedings No. 8889 of 2001) / Hearing and Order Made (bankruptcy Order Issued on 15 April 2002)

Legal Issues

  1. 1 Whether a bankruptcy order should be made based on a judgment debt and statutory demand
  2. 2 Effect of failure to provide security for costs on pending appeal
  3. 3 Whether the debtor's lack of contest justified immediate bankruptcy order

Ratio Decidendi

Given the judgment debt and statutory demand, the dismissal of the debtor's appeal for failure to provide ordered security for costs, and the debtor's decision not to contest, the court was obliged to make a bankruptcy order and award costs to the petitioner.

Court Disposition

Bankruptcy order made against the debtor Wong Chun Hung.

Orders

  • Bankruptcy order made against Wong Chun Hung.
  • Costs awarded to the petitioner Oriental Patron China Investment Limited.