RE LOK SIU PING

RE LOK SIU PING

Because the statutory demand was based on a judgment debt, the debtor filed no evidence of any bona fide dispute, and he had ample notice with no satisfactory excuse for non-attendance, the court must make the usual bankruptcy order with costs against him.

Citation
RE LOK SIU PING
Parties
Judgment Creditor: Manulife (International) Limited; Judgment Debtor: Lok Siu Ping (駱小平); Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 February 2015
Case Number
HCB3530/2014
Procedural Posture
Bankruptcy / Application for Bankruptcy Order (ex Parte Hearing)
Outcome
Bankruptcy order made against Lok Siu Ping with costs to the judgment creditor.
Legal Topics
Statutory Demand, Bankruptcy Order, Bona Fide Dispute, Costs, Failure to Appear
Source Language
EN
Bankruptcy Civil Procedure Statutory Demand Bankruptcy Order Bona Fide Dispute Costs Failure to Appear

Case Brief

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Parties

Manulife (International) Limited

Judgment Creditor

Lok Siu Ping (駱小平)

Judgment Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Application for Bankruptcy Order (ex Parte Hearing)

Legal Issues

  1. 1 Whether a statutory demand based on a judgment debt justifies a bankruptcy order
  2. 2 Whether the debtor has demonstrated a bona fide dispute to resist the statutory demand
  3. 3 Whether the debtor's medical appointment excuses failure to attend the hearing

Ratio Decidendi

Because the statutory demand was based on a judgment debt, the debtor filed no evidence of any bona fide dispute, and he had ample notice with no satisfactory excuse for non-attendance, the court must make the usual bankruptcy order with costs against him.

Court Disposition

Bankruptcy order made against Lok Siu Ping with costs to the judgment creditor.

Orders

  • Make the usual bankruptcy order against Lok Siu Ping
  • Costs to be paid by Lok Siu Ping to Manulife (International) Limited