RE SHIU CHING YIM STELLA

RE SHIU CHING YIM STELLA

The debtor failed to prove that the debt had been paid, settled or discharged and produced no evidence to show that the overstatement caused any injustice; correspondence showed any settlement was between petitioner and Chung only and did not extinguish the debtor's liability, therefore a bankruptcy order was properly made.

Citation
RE SHIU CHING YIM STELLA
Parties
Petitioner: Chun Kam Sang Jason; Debtor: Shiu Ching Yim Stella; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 December 2008
Case Number
HCB4324/2008
Procedural Posture
Bankruptcy Petition / Judgment
Outcome
Bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Bankruptcy Petition, Service of Process, Summary Judgment, Settlement, Discharge of Debt
Source Language
EN
Bankruptcy Insolvency Civil Procedure Debt Recovery Statutory Demand Bankruptcy Petition Service of Process Summary Judgment +2 more

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Parties

Chun Kam Sang Jason

Petitioner

Shiu Ching Yim Stella

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Judgment

Legal Issues

  1. 1 Whether an overstated statutory demand warrants setting aside absent injustice
  2. 2 Whether the debtor discharged the burden to show payment, settlement or bona fide dispute to resist a bankruptcy order
  3. 3 Whether a settlement between the petitioner and a third party (Chung) extinguished the debtor's liabilities

Ratio Decidendi

The debtor failed to prove that the debt had been paid, settled or discharged and produced no evidence to show that the overstatement caused any injustice; correspondence showed any settlement was between petitioner and Chung only and did not extinguish the debtor's liability, therefore a bankruptcy order was properly made.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order made against Shiu Ching Yim Stella
  • Petitioner’s costs to be paid out of the bankrupt's estate