RE MALCOLM WESTLEY CASSELLE

RE MALCOLM WESTLEY CASSELLE

The debtor failed to establish a bona fide dispute on substantial grounds or a bona fide counterclaim/set-off exceeding the petitioning debt; the statutory demand was neither complied with nor set aside within three weeks invoking the presumption under s6A; the purported payments (Money Order and HSBC transfer) did not demonstrate payment of the petitioning debt; accordingly the conditions of section 6 of the Bankruptcy Ordinance were satisfied and a bankruptcy order was properly made.

Citation
RE MALCOLM WESTLEY CASSELLE
Parties
Petitioning Creditor: Oldham, Li & Nie, Solicitors; Debtor: Malcolm Westley Casselle; Interested Party: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 March 2011
Case Number
HCB1698/2010
Procedural Posture
Bankruptcy Petition / Decision and Reasons for Judgment (bankruptcy Order Made)
Outcome
Bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Bankruptcy Order, Service by Substituted Service, Bona Fide Dispute Test, Set Off/counterclaim, Presentation and Proof of Payment
Source Language
EN
Bankruptcy Insolvency Civil Procedure Debt Recovery Contract Statutory Demand Bankruptcy Order Service by Substituted Service +3 more

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Parties

Oldham, Li & Nie, Solicitors

Petitioning Creditor

Malcolm Westley Casselle

Debtor

Official Receiver

Interested Party

Procedural Posture

Bankruptcy Petition / Decision and Reasons for Judgment (bankruptcy Order Made)

Legal Issues

  1. 1 Whether the petitioning debt was bona fide disputed on substantial grounds
  2. 2 Whether the debtor appeared unable to pay the debt for purposes of section 6 of the Bankruptcy Ordinance
  3. 3 Whether the Money Order or HSBC transfer established payment of the petitioning debt

Ratio Decidendi

The debtor failed to establish a bona fide dispute on substantial grounds or a bona fide counterclaim/set-off exceeding the petitioning debt; the statutory demand was neither complied with nor set aside within three weeks invoking the presumption under s6A; the purported payments (Money Order and HSBC transfer) did not demonstrate payment of the petitioning debt; accordingly the conditions of section 6 of the Bankruptcy Ordinance were satisfied and a bankruptcy order was properly made.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Usual bankruptcy order made against the debtor
  • Costs awarded against the debtor