RE YU KWAN YAU

RE YU KWAN YAU

Debtor failed to appear or file evidence and no application had been taken out in the underlying High Court Action to set aside the default judgment; therefore the court refused to adjourn and made a bankruptcy order against the debtor, with costs payable from the bankrupt's estate.

Citation
RE YU KWAN YAU
Parties
Petitioner/creditor: Bank of China (Hong Kong) Limited; Debtor: Yu Kwan Yau; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2006
Case Number
HCB4758/2006
Procedural Posture
Bankruptcy Petition / Hearing on Petition / Judgment Made
Outcome
Bankruptcy order made against the debtor, Yu Kwan Yau.
Legal Topics
Statutory Demand, Bankruptcy Order, Service of Process, Default Judgment, Adjournment
Source Language
EN
Insolvency Bankruptcy Civil Procedure Statutory Demand Bankruptcy Order Service of Process Default Judgment Adjournment

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Parties

Bank of China (Hong Kong) Limited

Petitioner/creditor

Yu Kwan Yau

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing on Petition / Judgment Made

Legal Issues

  1. 1 Whether a bankruptcy order should be made based on the judgment debt and statutory demand
  2. 2 Whether the petition should be adjourned pending the debtor's intended application in the High Court to set aside a default judgment
  3. 3 Whether the writ in the High Court Action was properly served on the debtor

Ratio Decidendi

Debtor failed to appear or file evidence and no application had been taken out in the underlying High Court Action to set aside the default judgment; therefore the court refused to adjourn and made a bankruptcy order against the debtor, with costs payable from the bankrupt's estate.

Court Disposition

Bankruptcy order made against the debtor, Yu Kwan Yau.

Orders

  • Bankruptcy order against Yu Kwan Yau
  • Petitioner's costs to be paid out of the bankrupt's estate