RE YUEN OI YEE LISA

RE YUEN OI YEE LISA

The debtor's defences failed because they were supported by flimsy, incoherent evidence, raised late in breach of the rules for setting aside a statutory demand, and formed part of a pattern of abusive litigation; consequently the petitioning creditor proved the case and a bankruptcy order should be made.

Citation
RE YUEN OI YEE LISA
Parties
Judgment Creditor: Petitioner (Judgment Creditor); Judgment Debtor: Judgment Debtor
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 February 2008
Case Number
HCB8954/2007
Procedural Posture
Bankruptcy Petition / Final Judgment Following Hearing
Outcome
bankruptcy order granted against the judgment debtor
Legal Topics
Statutory Demand, Bankruptcy Order, Set Off and Counterclaim, Abuse of Process, Pendency of Appeal
Source Language
EN
Bankruptcy Civil Procedure Costs Insolvency Statutory Demand Bankruptcy Order Set Off and Counterclaim Abuse of Process +1 more

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Parties

Petitioner (Judgment Creditor)

Judgment Creditor

Judgment Debtor

Judgment Debtor

Procedural Posture

Bankruptcy Petition / Final Judgment Following Hearing

Legal Issues

  1. 1 Whether a pending appeal defeats a bankruptcy petition
  2. 2 Whether the debtor's counterclaim/set-off raises a genuine triable issue sufficient to resist the petition
  3. 3 Whether delay and conduct indicate the debtor's defences are not bona fide

Ratio Decidendi

The debtor's defences failed because they were supported by flimsy, incoherent evidence, raised late in breach of the rules for setting aside a statutory demand, and formed part of a pattern of abusive litigation; consequently the petitioning creditor proved the case and a bankruptcy order should be made.

Court Disposition

bankruptcy order granted against the judgment debtor

Orders

  • Bankruptcy order made against the judgment debtor
  • Costs awarded to the judgment creditor