RE TANG WAI YEE SYLVIA

RE TANG WAI YEE SYLVIA

The petition was granted because the debtor failed to establish any reasonable grounds of opposition or a real prospect of success on appeal; prior applications to set aside the default judgments and statutory demand were dismissed, and the alleged formal defects did not invalidate the petition given a valid presentation by the second judgment creditor and the petitioners' inability to obtain the debtor's identity numbers.

Citation
RE TANG WAI YEE SYLVIA
Parties
1st Judgment Creditor: He Shimeng; 2nd Judgment Creditor: Lin Lina Fang; Judgment Debtor: Tang Wai Yee Sylvia; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2003
Case Number
HCB7351/2003
Procedural Posture
Bankruptcy Petition / Judgment at First Instance
Outcome
Bankruptcy petition allowed and bankruptcy petition made against Tang Wai Yee Sylvia
Legal Topics
Statutory Demand, Default Judgment, Set Aside Applications, Personal Guarantee, Appeal, Service Requirements
Source Language
EN
Bankruptcy Civil Procedure Contract Statutory Demand Default Judgment Set Aside Applications Personal Guarantee Appeal +1 more

Case Brief

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Parties

He Shimeng

1st Judgment Creditor

Lin Lina Fang

2nd Judgment Creditor

Tang Wai Yee Sylvia

Judgment Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Judgment at First Instance

Legal Issues

  1. 1 Whether the bankruptcy petition is validly presented and should be made
  2. 2 Whether the debtor has shown a genuine triable issue or reasonable prospect of success on appeal to delay or defeat the petition
  3. 3 Whether the guarantee clauses constitute a valid personal guarantee

Ratio Decidendi

The petition was granted because the debtor failed to establish any reasonable grounds of opposition or a real prospect of success on appeal; prior applications to set aside the default judgments and statutory demand were dismissed, and the alleged formal defects did not invalidate the petition given a valid presentation by the second judgment creditor and the petitioners' inability to obtain the debtor's identity numbers.

Court Disposition

Bankruptcy petition allowed and bankruptcy petition made against Tang Wai Yee Sylvia

Orders

  • Bankruptcy petition presented by He Shimeng and Lin Lina Fang is made against Tang Wai Yee Sylvia
  • Petitioners' costs to be paid out of the debtor's assets