RE LEE YIK KWONG

RE LEE YIK KWONG

The court upheld the District Judge's findings that the writs and judgments were properly served and regular and that the debtor had no real prospect of success on the merits; accordingly the petitioner established valid judgment debts and a bankruptcy order was made against the debtor.

Citation
RE LEE YIK KWONG
Parties
Petitioner: HRA Investments Limited; Debtor: Lee Yik Kwong (also known as Stephen Lee)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 May 2007
Case Number
HCB4043/2006
Procedural Posture
Bankruptcy Petition Based on Judgment Debts / Judgment — Bankruptcy Order Made
Outcome
Bankruptcy order made against Lee Yik Kwong
Legal Topics
Statutory Demand, Default Judgment, Service of Process, Setting Aside Judgment, Substituted Service, Meritorious Defence, Going Behind a Judgment
Source Language
EN
Bankruptcy Insolvency Civil Procedure Contract Judgment Enforcement Statutory Demand Default Judgment Service of Process +4 more

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Parties

HRA Investments Limited

Petitioner

Lee Yik Kwong (also known as Stephen Lee)

Debtor

Procedural Posture

Bankruptcy Petition Based on Judgment Debts / Judgment — Bankruptcy Order Made

Legal Issues

  1. 1 Whether the judgment debts underlying the statutory demand were valid and regular
  2. 2 Whether service of the writs and of the statutory demand was defective
  3. 3 Whether the debtor had a real prospect of success on the merits to justify setting aside the default judgments

Ratio Decidendi

The court upheld the District Judge's findings that the writs and judgments were properly served and regular and that the debtor had no real prospect of success on the merits; accordingly the petitioner established valid judgment debts and a bankruptcy order was made against the debtor.

Court Disposition

Bankruptcy order made against Lee Yik Kwong

Orders

  • Bankruptcy order made against Lee Yik Kwong
  • Petitioner's costs, including reserved costs, to be paid out of the bankrupt's estate