WONG YU CHO ROLLY v. LING DAI HONG

WONG YU CHO ROLLY v. LING DAI HONG

The statutory demand was validly served and founded on an unsatisfied summary judgment; the debtor failed to show a genuine and serious counterclaim or substantial dispute and has not prosecuted his appeals with diligence, therefore the application to set aside the statutory demand is dismissed and the bankruptcy petition is allowed, declaring the debtor bankrupt.

Citation
WONG YU CHO ROLLY v. LING DAI HONG
Parties
Petitioner: Ling Dai Hong; Debtor: Wong Yu Cho Rolly
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 March 2013
Case Number
HCSD23/2012
Procedural Posture
Bankruptcy Petition and Application to Set Aside a Statutory Demand / Judgment (court of First Instance)
Outcome
Application to set aside statutory demand dismissed; bankruptcy petition granted; debtor declared bankrupt.
Legal Topics
Statutory Demand, Setting Aside, Summary Judgment, Security for Costs, Counterclaim/setoff, Service of Documents, Appeal Diligence
Source Language
EN
Bankruptcy Civil Procedure Contract Law Tax Law Statutory Demand Setting Aside Summary Judgment Security for Costs +3 more

Case Brief

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Parties

Ling Dai Hong

Petitioner

Wong Yu Cho Rolly

Debtor

Procedural Posture

Bankruptcy Petition and Application to Set Aside a Statutory Demand / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the statutory demand was validly served
  2. 2 Whether a pending appeal prevents adjudication on a statutory demand or requires adjournment
  3. 3 Whether the debtor has a genuine and serious counterclaim or setoff under Bankruptcy Rules r.48(5)

Ratio Decidendi

The statutory demand was validly served and founded on an unsatisfied summary judgment; the debtor failed to show a genuine and serious counterclaim or substantial dispute and has not prosecuted his appeals with diligence, therefore the application to set aside the statutory demand is dismissed and the bankruptcy petition is allowed, declaring the debtor bankrupt.

Court Disposition

Application to set aside statutory demand dismissed; bankruptcy petition granted; debtor declared bankrupt.

Orders

  • Dismiss HCSD 23/2012 application to set aside the statutory demand
  • Order nisi of costs in favour of the respondent in HCSD 23/2012