RE LEUNG WING FAI

RE LEUNG WING FAI

The Tomlin order schedule constituted a full and final settlement requiring payment of $160,000; that obligation was enforced by a subsequent consent order; the statutory demand remained unsatisfied; the debtor raised no valid defence despite being represented when the agreements and orders were made; therefore a bankruptcy order was justified and made.

Citation
RE LEUNG WING FAI
Parties
Petitioner: Fortune Gourmet Company Limited; Debtor: Leung Wing Fai trading as Wah Ming Engineering Company; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 July 2013
Case Number
HCB3332/2013
Procedural Posture
Bankruptcy Proceedings / Bankruptcy Order Made at Hearing
Outcome
Bankruptcy order made against Mr Leung Wing Fai
Legal Topics
Statutory Demand, Tomlin Order, Consent Order, Enforcement of Settlement, Bankruptcy Petition, Default of Payment
Source Language
EN
Bankruptcy Contract Civil Procedure Statutory Demand Tomlin Order Consent Order Enforcement of Settlement Bankruptcy Petition +1 more

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Parties

Fortune Gourmet Company Limited

Petitioner

Leung Wing Fai trading as Wah Ming Engineering Company

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Bankruptcy Order Made at Hearing

Legal Issues

  1. 1 Whether the statutory demand was valid and outstanding
  2. 2 Whether the Tomlin order schedule constituted a binding full and final settlement
  3. 3 Whether the consent order enforcing paragraph 1 was effective

Ratio Decidendi

The Tomlin order schedule constituted a full and final settlement requiring payment of $160,000; that obligation was enforced by a subsequent consent order; the statutory demand remained unsatisfied; the debtor raised no valid defence despite being represented when the agreements and orders were made; therefore a bankruptcy order was justified and made.

Court Disposition

Bankruptcy order made against Mr Leung Wing Fai

Orders

  • Bankruptcy order made against Mr Leung Wing Fai
  • Costs awarded to the petitioner