RE CHEUNG CHUN YUEN BARRY

RE CHEUNG CHUN YUEN BARRY

Bankruptcy order should be made because the judgment debt evidenced by a served statutory demand remained unpaid, procedural requirements were met and the debtor offered no opposition or evidence of a realistic prospect of payment.

Citation
RE CHEUNG CHUN YUEN BARRY
Parties
Petitioner: Leung Chee Hon; Debtor: Cheung Chun Yuen Barry; Supporting Creditor: Fully Field Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 April 2015
Case Number
HCB1223/2014
Procedural Posture
Bankruptcy Proceedings / Judgment (bankruptcy Order Made on 15 April 2015)
Outcome
Bankruptcy order made against Mr Cheung Chun Yuen Barry
Legal Topics
Statutory Demand, Bankruptcy Petition, Supporting Creditor, Costs
Source Language
EN
Bankruptcy Civil Procedure Debt Recovery Statutory Demand Bankruptcy Petition Supporting Creditor Costs

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Parties

Leung Chee Hon

Petitioner

Cheung Chun Yuen Barry

Debtor

Fully Field Ltd

Supporting Creditor

Procedural Posture

Bankruptcy Proceedings / Judgment (bankruptcy Order Made on 15 April 2015)

Legal Issues

  1. 1 Whether a bankruptcy order should be made where a statutory demand based on a judgment debt was served and remained unpaid
  2. 2 Whether the court should exercise its discretion to adjourn the petition where there is no prospect of payment in full within a reasonable time
  3. 3 Effect of absence of any affirmation or grounds filed by the debtor

Ratio Decidendi

Bankruptcy order should be made because the judgment debt evidenced by a served statutory demand remained unpaid, procedural requirements were met and the debtor offered no opposition or evidence of a realistic prospect of payment.

Court Disposition

Bankruptcy order made against Mr Cheung Chun Yuen Barry

Orders

  • Bankruptcy order made against the debtor
  • Costs to the petitioner and the supporting creditors, including all costs reserved