RE CHUNG KAU

RE CHUNG KAU

The debtor failed to adducespecific, credible evidence to establish a bona fide dispute on substantial grounds or credible evidence of fraud to justify going behind the master's taxed costs order; accordingly the taxed costs debt stood and a bankruptcy order with costs against the debtor was properly made; non‑lawyer assistance was limited to McKenzie friend roles without right of audience.

Citation
RE CHUNG KAU
Parties
Petitioner/creditor: The Hong Kong Housing Authority; Debtor: Chung Kau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 May 2003
Case Number
HCB581/2003
Procedural Posture
Bankruptcy Proceeding / Hearing and Determination; Bankruptcy Order Made and Reasons Given
Outcome
Bankruptcy order made against Mr Chung Kau with costs in favour of The Hong Kong Housing Authority
Legal Topics
Statutory Demand, Taxation of Costs, Setting Aside Statutory Demand, Going Behind a Judgment, Mc Kenzie Friend / Representation
Source Language
EN
Bankruptcy Civil Procedure Costs Appeal Statutory Demand Taxation of Costs Setting Aside Statutory Demand Going Behind a Judgment +1 more

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Parties

The Hong Kong Housing Authority

Petitioner/creditor

Chung Kau

Debtor

Procedural Posture

Bankruptcy Proceeding / Hearing and Determination; Bankruptcy Order Made and Reasons Given

Legal Issues

  1. 1 Whether the debtor has a bona fide dispute on substantial grounds to defeat the bankruptcy petition
  2. 2 Whether the court should go behind the master's taxed costs order in light of allegations of fraud and perjury
  3. 3 Whether a non‑lawyer (McKenzie friend) may have a right of audience in the High Court

Ratio Decidendi

The debtor failed to adducespecific, credible evidence to establish a bona fide dispute on substantial grounds or credible evidence of fraud to justify going behind the master's taxed costs order; accordingly the taxed costs debt stood and a bankruptcy order with costs against the debtor was properly made; non‑lawyer assistance was limited to McKenzie friend roles without right of audience.

Court Disposition

Bankruptcy order made against Mr Chung Kau with costs in favour of The Hong Kong Housing Authority

Orders

  • Bankruptcy order made against Mr Chung Kau
  • Costs awarded to the petitioner (The Hong Kong Housing Authority)