RE CHRISTOPHER JAMES LYNCH

RE CHRISTOPHER JAMES LYNCH

The court held that the District Court judgment constituted a liquidated, immediately payable debt; the statutory demand was not complied with; the debtor's offers were insufficient and properly refused; enforcement actions did not bar the petition, therefore a bankruptcy order should be made.

Citation
RE CHRISTOPHER JAMES LYNCH
Parties
Petitioning Creditor: Hampton, Winter and Glynn; Debtor: Christopher James Lynch; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 July 2003
Case Number
HCB6949/2003
Procedural Posture
Bankruptcy Proceedings No. 6949 of 2003 / Petition Hearing and Decision (bankruptcy Order)
Outcome
Bankruptcy Order made against the debtor with costs.
Legal Topics
Statutory Demand, Bankruptcy Order, Judgment Debt, Forbearance, Settlement Offers, Costs
Source Language
EN
Bankruptcy Insolvency Civil Procedure Debt Enforcement Statutory Demand Bankruptcy Order Judgment Debt Forbearance +2 more

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Parties

Hampton, Winter and Glynn

Petitioning Creditor

Christopher James Lynch

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings No. 6949 of 2003 / Petition Hearing and Decision (bankruptcy Order)

Legal Issues

  1. 1 Whether the judgment debt was immediately payable
  2. 2 Whether the petition was defective
  3. 3 Whether the debtor's offers to pay were reasonably refused

Ratio Decidendi

The court held that the District Court judgment constituted a liquidated, immediately payable debt; the statutory demand was not complied with; the debtor's offers were insufficient and properly refused; enforcement actions did not bar the petition, therefore a bankruptcy order should be made.

Court Disposition

Bankruptcy Order made against the debtor with costs.

Orders

  • Bankruptcy Order made against Christopher James Lynch
  • Costs awarded to the Petitioning Creditor Hampton, Winter and Glynn