RE WAN PO JUN MARY PAULINE

RE WAN PO JUN MARY PAULINE

The statutory conditions of s6 were satisfied (liquidated taxed costs exceeding the prescribed amount, unpaid, debtor unable to pay, and a valid personal service of the statutory demand with no application to set aside), and the court exercised its residual discretion against the Debtor because her outstanding claims were provisionally assessed as unmeritorious and her litigation conduct was frivolous and irresponsible; accordingly the bankruptcy order was made with costs.

Citation
RE WAN PO JUN MARY PAULINE
Parties
Creditor: Au Yeung Yee Man (representative of the estate of Au-Yeung Wing Hong); Debtor: Wan Po Jun Mary Pauline
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 2011
Case Number
HCB144/2011
Procedural Posture
Bankruptcy Petition / Judgment
Outcome
Bankruptcy order made against the Debtor with costs
Legal Topics
Statutory Demand, Bankruptcy Order, Service of Process, Set Aside Statutory Demand, Judicial Discretion, Assessed Costs, Maintenance Under IPFDO, Probate Proceedings
Source Language
EN
Bankruptcy Insolvency Probate Civil Procedure Costs Statutory Demand Bankruptcy Order Service of Process +5 more

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Parties

Au Yeung Yee Man (representative of the estate of Au-Yeung Wing Hong)

Creditor

Wan Po Jun Mary Pauline

Debtor

Procedural Posture

Bankruptcy Petition / Judgment

Legal Issues

  1. 1 Whether the debts (assessed costs) are immediately payable
  2. 2 Whether a statutory demand was validly served on the Debtor
  3. 3 Whether the court should exercise its residual discretion not to make a bankruptcy order in light of pending proceedings and appeals

Ratio Decidendi

The statutory conditions of s6 were satisfied (liquidated taxed costs exceeding the prescribed amount, unpaid, debtor unable to pay, and a valid personal service of the statutory demand with no application to set aside), and the court exercised its residual discretion against the Debtor because her outstanding claims were provisionally assessed as unmeritorious and her litigation conduct was frivolous and irresponsible; accordingly the bankruptcy order was made with costs.

Court Disposition

Bankruptcy order made against the Debtor with costs

Orders

  • Bankruptcy order made against Wan Po Jun Mary Pauline
  • Costs awarded against the Debtor to the Creditor