RE CHEUNG KWOK LUN ALAN

RE CHEUNG KWOK LUN ALAN

Statutory demand served and debt above the Bankruptcy Ordinance threshold, coupled with the debtor's admission of a substantial portion of the debt and his failure to pay that admitted amount into court by the directed date and his absence at the hearing, justified the bankruptcy order and award of costs to the petitioner.

Citation
RE CHEUNG KWOK LUN ALAN
Parties
Judgment Creditor / Petitioner: Pacific Century Insurance Company Limited (formerly known as Top Glory Insurance Company (Bermuda) Limited); Debtor: Cheung Kwok Lun Alan; Official Receiver: Official Receiver's Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 March 2002
Case Number
HCB10968/2001
Procedural Posture
Bankruptcy Proceedings / Petition Hearing Judgment and Bankruptcy Order Made
Outcome
Bankruptcy order made against debtor Cheung Kwok Lun Alan; costs awarded to petitioner Pacific Century Insurance Company Limited.
Legal Topics
Statutory Demand, Bankruptcy Order, Debt Recovery, Costs
Source Language
EN
Bankruptcy Insolvency Contract Statutory Demand Bankruptcy Order Debt Recovery Costs

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Parties

Pacific Century Insurance Company Limited (formerly known as Top Glory Insurance Company (Bermuda) Limited)

Judgment Creditor / Petitioner

Cheung Kwok Lun Alan

Debtor

Official Receiver's Office

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Petition Hearing Judgment and Bankruptcy Order Made

Legal Issues

  1. 1 Whether the statutory demand debt met the Bankruptcy Ordinance threshold
  2. 2 Whether the debtor's admission of part of the debt and failure to pay that admitted sum justified making a bankruptcy order
  3. 3 Whether the debtor's request for a breakdown of the disputed sum prevented the court from making a bankruptcy order

Ratio Decidendi

Statutory demand served and debt above the Bankruptcy Ordinance threshold, coupled with the debtor's admission of a substantial portion of the debt and his failure to pay that admitted amount into court by the directed date and his absence at the hearing, justified the bankruptcy order and award of costs to the petitioner.

Court Disposition

Bankruptcy order made against debtor Cheung Kwok Lun Alan; costs awarded to petitioner Pacific Century Insurance Company Limited.

Orders

  • Bankruptcy order made against Cheung Kwok Lun Alan
  • Costs awarded to Pacific Century Insurance Company Limited