RE LEE CHICK CHOI

RE LEE CHICK CHOI

Given the prior dismissals of the labour claim, dismissal of leave to appeal, striking out in High Court action and dismissal of the application to set aside the statutory demand, the Court found the debtor's opposition unmeritorious and made a bankruptcy order against the debtor.

Citation
RE LEE CHICK CHOI
Parties
Petitioner: Best Spirits Company Limited; Debtor: Lee Chick Choi; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 May 2015
Case Number
HCB1128/2015
Procedural Posture
Bankruptcy Petition / Hearing Judgment (bankruptcy Order Made)
Outcome
Bankruptcy order made against the debtor; opposition dismissed
Legal Topics
Statutory Demand, Set Aside Application, Bankruptcy Order, Service Fee Vs Salary Dispute, Costs Order
Source Language
EN
Bankruptcy Insolvency Labour Law Civil Procedure Statutory Demand Set Aside Application Bankruptcy Order Service Fee Vs Salary Dispute +1 more

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Parties

Best Spirits Company Limited

Petitioner

Lee Chick Choi

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing Judgment (bankruptcy Order Made)

Legal Issues

  1. 1 Whether the debt claimed in the petition is bona fide disputed so as to set aside the statutory demand
  2. 2 Whether prior dismissals and proceedings constitute final determinations preventing the debtor's opposition
  3. 3 Whether ancillary costs orders affect the sufficiency of the petition debt to found a bankruptcy order

Ratio Decidendi

Given the prior dismissals of the labour claim, dismissal of leave to appeal, striking out in High Court action and dismissal of the application to set aside the statutory demand, the Court found the debtor's opposition unmeritorious and made a bankruptcy order against the debtor.

Court Disposition

Bankruptcy order made against the debtor; opposition dismissed

Orders

  • Bankruptcy order made against the debtor
  • Opposition to the petition dismissed