RE LEUNG LAI HING CINDY

RE LEUNG LAI HING CINDY

The debtor failed to discharge the heavy evidential burden to demonstrate a bona fide dispute: the non est factum plea was excluded by her carelessness in repeatedly signing foreign language documents before notaries and by her prior written acknowledgements of liability; the undue influence plea failed because there was no believable evidence she lacked informed consent and the Bank was not shown to have acted unreasonably in the circumstances. Therefore the bankruptcy petition succeeds and an order is warranted.

Citation
RE LEUNG LAI HING CINDY
Parties
Petitioner: Banco Nacional Ultramarino SA; Debtor: Leung Lai Hing Cindy
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 April 2017
Case Number
HCB6777/2015
Procedural Posture
Bankruptcy Proceedings / Judgment
Outcome
Bankruptcy order granted against Madam Leung Lai Hing Cindy; costs to the Bank on a nisi basis; debtor's own costs to be taxed under Legal Aid Regulations
Legal Topics
Statutory Demand, Bankruptcy Petition, Non Est Factum, Undue Influence, Guarantee, Service, Costs
Source Language
EN
Insolvency Contract Equity Civil Procedure Statutory Demand Bankruptcy Petition Non Est Factum Undue Influence +3 more

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Parties

Banco Nacional Ultramarino SA

Petitioner

Leung Lai Hing Cindy

Debtor

Procedural Posture

Bankruptcy Proceedings / Judgment

Legal Issues

  1. 1 Whether the debtor established a bona fide dispute to the debt on substantial grounds
  2. 2 Whether the defence of non est factum applies
  3. 3 Whether the debtor was subject to undue influence by her ex‑husband

Ratio Decidendi

The debtor failed to discharge the heavy evidential burden to demonstrate a bona fide dispute: the non est factum plea was excluded by her carelessness in repeatedly signing foreign language documents before notaries and by her prior written acknowledgements of liability; the undue influence plea failed because there was no believable evidence she lacked informed consent and the Bank was not shown to have acted unreasonably in the circumstances. Therefore the bankruptcy petition succeeds and an order is warranted.

Court Disposition

Bankruptcy order granted against Madam Leung Lai Hing Cindy; costs to the Bank on a nisi basis; debtor's own costs to be taxed under Legal Aid Regulations

Orders

  • Bankruptcy order made against Leung Lai Hing Cindy
  • Costs awarded to the Petitioner on a nisi basis