RE MAK HUNG FAT
The debtor failed to establish any credible, evidenced bona fide defence or cross-claim and did not comply with the statutory demand; the District Court judgment thus stands unimpugned and a bankruptcy order was properly made against the debtor.
- Citation
- RE MAK HUNG FAT
- Parties
- Creditor: Leung Hong Wah; Debtor: Mak Hung Fat; Official Receiver: Official Receiver
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 22 September 2016
- Case Number
- HCB2245/2016
- Procedural Posture
- Bankruptcy Petition / Judgment on Petition After Hearing
- Outcome
- Bankruptcy order made against the debtor.
- Legal Topics
- Statutory Demand, Bankruptcy Petition, Judgment Debt, Service by Advertisement, Bona Fide Defence
- Source Language
- ET
Case Brief
Summary, issues, holding and outcome
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Parties
Leung Hong Wah
Creditor
Mak Hung Fat
Debtor
Official Receiver
Official Receiver
Procedural Posture
Bankruptcy Petition / Judgment on Petition After Hearing
Legal Issues
- 1 Whether the statutory demand was validly served and remains unsatisfied
- 2 Whether the debtor has a bona fide defence or a bona fide cross-claim on substantial grounds sufficient to set aside the statutory demand
- 3 Whether the District Court judgment can be impugned
Ratio Decidendi
The debtor failed to establish any credible, evidenced bona fide defence or cross-claim and did not comply with the statutory demand; the District Court judgment thus stands unimpugned and a bankruptcy order was properly made against the debtor.
Court Disposition
Bankruptcy order made against the debtor.
Orders
- Bankruptcy order made against the debtor
- Costs awarded to the petitioner
Full Case Text
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