RE CHU LOK TING DICKY

RE CHU LOK TING DICKY

The debtors failed to establish a bona fide dispute on substantial grounds or to demonstrate an ability to repay the undisputed judgment debts; the existing judgments stand as prima facie evidence and the creditors are entitled to bankruptcy orders against the debtors.

Citation
RE CHU LOK TING DICKY
Parties
Petitioner: Bank of China (Hong Kong) Limited; Debtor: Wong Mui Kuen Joanna; Debtor: Chu Lok Ting Dicky; Principal Borrower: Tung Wing Industrial International Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 January 2015
Case Number
HCB1632/2014
Procedural Posture
Bankruptcy Petition / Hearing and Judgment (court of First Instance)
Outcome
Bankruptcy orders made against Mr Chu Lok Ting Dicky and Madam Wong Mui Kuen Joanna; costs awarded to the petitioner.
Legal Topics
Statutory Demand, Bankruptcy Petition, Judgment Debt, Bona Fide Dispute, Set Aside Applications, Appropriation of Payments, Guarantee
Source Language
EN
Bankruptcy Civil Procedure Debt Recovery Security and Mortgages Judgment Enforcement Statutory Demand Bankruptcy Petition Judgment Debt +4 more

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Parties

Bank of China (Hong Kong) Limited

Petitioner

Wong Mui Kuen Joanna

Debtor

Chu Lok Ting Dicky

Debtor

Tung Wing Industrial International Company Limited

Principal Borrower

Procedural Posture

Bankruptcy Petition / Hearing and Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the debtors established a bona fide dispute on substantial grounds to defeat the bankruptcy petitions
  2. 2 Whether the court should go behind existing default judgments and treat them as not prima facie evidence of debt
  3. 3 Whether the debtors are unable to pay their debts under section 9 of the Bankruptcy Ordinance

Ratio Decidendi

The debtors failed to establish a bona fide dispute on substantial grounds or to demonstrate an ability to repay the undisputed judgment debts; the existing judgments stand as prima facie evidence and the creditors are entitled to bankruptcy orders against the debtors.

Court Disposition

Bankruptcy orders made against Mr Chu Lok Ting Dicky and Madam Wong Mui Kuen Joanna; costs awarded to the petitioner.

Orders

  • Bankruptcy order against Mr Chu Lok Ting Dicky
  • Bankruptcy order against Madam Wong Mui Kuen Joanna