RE HAU TUNG KONG JOSEPH

RE HAU TUNG KONG JOSEPH

Debtor failed to demonstrate a bona fide dispute on substantial grounds or particularize undue influence; no sufficient reason to go behind the default judgment; consequently a bankruptcy order was appropriate.

Citation
RE HAU TUNG KONG JOSEPH
Parties
Petitioner: Bank of China (Hong Kong) Limited (successor to Po Sang Bank Limited); Debtor: Hau Tung Kong Joseph; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 2005
Case Number
HCB11438/2004
Procedural Posture
Bankruptcy Petition / Judgment at Hearing (bankruptcy Order Made)
Outcome
Bankruptcy order made against the debtor Hau Tung Kong Joseph.
Legal Topics
Statutory Demand, Bankruptcy Order, Default Judgment, Guarantee Enforcement, Undue Influence, Setting Aside Judgment, Adjournment
Source Language
EN
Bankruptcy Insolvency Contract Civil Procedure Equitable Remedies Statutory Demand Bankruptcy Order Default Judgment +4 more

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Parties

Bank of China (Hong Kong) Limited (successor to Po Sang Bank Limited)

Petitioner

Hau Tung Kong Joseph

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Judgment at Hearing (bankruptcy Order Made)

Legal Issues

  1. 1 Whether there is a bona fide dispute on substantial grounds to resist enforcement of the judgment debt
  2. 2 Whether the guarantee was executed under undue influence of the borrower
  3. 3 Whether the bank had an obligation to explain the meaning and effect of the guarantee to the guarantor

Ratio Decidendi

Debtor failed to demonstrate a bona fide dispute on substantial grounds or particularize undue influence; no sufficient reason to go behind the default judgment; consequently a bankruptcy order was appropriate.

Court Disposition

Bankruptcy order made against the debtor Hau Tung Kong Joseph.

Orders

  • Bankruptcy order made against Hau Tung Kong Joseph.
  • Petitioner’s costs to be paid out of the debtor’s estate.