RE LAI KAR YEE

RE LAI KAR YEE

Res judicata barred the debtor from re‑arguing matters already determined in the HCSD and CACV proceedings; the additional background evidence failed the Re Wiemer / Ladd v Marshall threshold as it was within the debtor's knowledge and could have been produced earlier; and even if admitted it did not establish a bona fide dispute on substantial grounds, therefore a bankruptcy order was appropriate.

Citation
[2018] HKCFI 186
Parties
Petitioning Creditor: Prudential Hong Kong Limited; Debtor / Respondent: Lai Kar Yee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 January 2018
Case Number
HCB10035/2014
Procedural Posture
Bankruptcy / Judgment on Petition Hearing
Outcome
Bankruptcy order issued against the debtor
Legal Topics
Statutory Demand, Bona Fide Dispute, Set Aside, Res Judicata, Adduction of Fresh Evidence, Costs
Source Language
EN
Insolvency Contract Law Civil Procedure Evidence Law Statutory Demand Bona Fide Dispute Set Aside Res Judicata +2 more

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Parties

Prudential Hong Kong Limited

Petitioning Creditor

Lai Kar Yee

Debtor / Respondent

Procedural Posture

Bankruptcy / Judgment on Petition Hearing

Legal Issues

  1. 1 Whether res judicata precluded the debtor from re‑arguing matters determined in prior HCSD and CACV proceedings
  2. 2 Whether the additional background evidence met the Re Wiemer / Ladd v Marshall test to be admitted
  3. 3 Whether the debtor had a bona fide dispute on substantial grounds to oppose the bankruptcy petition

Ratio Decidendi

Res judicata barred the debtor from re‑arguing matters already determined in the HCSD and CACV proceedings; the additional background evidence failed the Re Wiemer / Ladd v Marshall threshold as it was within the debtor's knowledge and could have been produced earlier; and even if admitted it did not establish a bona fide dispute on substantial grounds, therefore a bankruptcy order was appropriate.

Court Disposition

Bankruptcy order issued against the debtor

Orders

  • Bankruptcy order to be made against Lai Kar Yee
  • Costs of Prudential Hong Kong Limited to be borne out of the assets of Lai Kar Yee