RE RE: YIP MAU KEI

The debtor failed to demonstrate any bona fide dispute on substantial grounds and the statutory demand remained unpaid; accordingly the court must and did make a bankruptcy order against the debtor.

Citation: [2018] HKCFI 1059
Parties: Petitioner: Department of Justice; Debtor: Yip Mau Kei
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 17 May 2018
Case Number: HCB4011/2017
Procedural Posture: Creditor's Bankruptcy Petition / Final Hearing (judgment)
Outcome: Bankruptcy order made against Yip Mau Kei
Legal Topics: Statutory Demand, Non Compliance, Bona Fide Dispute, Bankruptcy Order, Payment Into Court (order 22)
Source Language: EN

Bankruptcy Civil Procedure Debt Recovery Costs Statutory Demand Non Compliance Bona Fide Dispute Bankruptcy Order +1 more

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Parties

Department of Justice

Petitioner

Yip Mau Kei

Debtor

Procedural Posture

Creditor's Bankruptcy Petition / Final Hearing (judgment)

Legal Issues

1 whether the debtor demonstrated a bona fide dispute on substantial grounds
2 whether the statutory demand was validly served and remained unpaid
3 whether a bankruptcy order should be made

Ratio Decidendi

The debtor failed to demonstrate any bona fide dispute on substantial grounds and the statutory demand remained unpaid; accordingly the court must and did make a bankruptcy order against the debtor.

Court Disposition

Bankruptcy order made against Yip Mau Kei

Orders

Usual bankruptcy order against Yip Mau Kei
Costs order nisi that costs of the Petition and Amended Petition, including all costs reserved if any, be to the petitioning creditor to be taxed if not agreed