RE LEE CHEE HO, JULEUS (aka LEE, JULEUS)

RE LEE CHEE HO, JULEUS (aka LEE, JULEUS)

The Debtor failed to show a reasonable prospect of success on appeal and produced no cogent evidence to justify a stay; the refusal to set aside the statutory demand stands and precludes re‑litigation of the same defences, therefore a bankruptcy order was appropriate and should be made with costs.

Citation
RE LEE CHEE HO, JULEUS (aka LEE, JULEUS)
Parties
Petitioner: Petitioner (widow of Wang Bing Qi, sole executrix of his estate); Debtor: Debtor
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 August 2017
Case Number
HCB8571/2016
Procedural Posture
Bankruptcy Petition / Hearing on Petition; Bankruptcy Order Made (15 August 2017)
Outcome
Bankruptcy order made against the Debtor
Legal Topics
Statutory Demand, Stay Pending Appeal, Set Aside Statutory Demand, Election Between Damages and Specific Performance, Security for Costs
Source Language
EN
Bankruptcy Civil Procedure Appeal Statutory Demand Stay Pending Appeal Set Aside Statutory Demand Election Between Damages and Specific Performance Security for Costs

Case Brief

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Parties

Petitioner (widow of Wang Bing Qi, sole executrix of his estate)

Petitioner

Debtor

Debtor

Procedural Posture

Bankruptcy Petition / Hearing on Petition; Bankruptcy Order Made (15 August 2017)

Legal Issues

  1. 1 Whether a general stay of bankruptcy proceedings should be granted pending an appeal
  2. 2 Whether the appeal against the refusal to set aside the statutory demand has a reasonable prospect of success
  3. 3 Whether the refusal to set aside the statutory demand precludes the debtor from re‑arguing the same defence

Ratio Decidendi

The Debtor failed to show a reasonable prospect of success on appeal and produced no cogent evidence to justify a stay; the refusal to set aside the statutory demand stands and precludes re‑litigation of the same defences, therefore a bankruptcy order was appropriate and should be made with costs.

Court Disposition

Bankruptcy order made against the Debtor

Orders

  • Bankruptcy order made against the Debtor
  • Costs awarded to the Petitioner