RE LEUNG LAI CHING MARGARET

RE LEUNG LAI CHING MARGARET

The court found s6(2) satisfied: the debt was registered and immediately payable, a statutory demand was served and not set aside, and the debtor failed to demonstrate a bona fide dispute on substantial grounds with credible evidence; contingent or prospective Mainland agreements and untested documents did not justify refusal of the bankruptcy order or further adjournment, therefore the usual bankruptcy order with costs was made.

Citation
[2018] HKCFI 1910
Parties
Petitioner: WU ZUO CHENG (吳作程); Debtor: LEUNG LAI CHING MARGARET (梁儷瀞)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 August 2018
Case Number
HCB771/2018
Procedural Posture
Bankruptcy Petition (registration of Mainland Judgment) / Resumed Hearing and Bankruptcy Order Made
Outcome
Bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Inability to Pay, Set Aside Registration, Bankruptcy Order, Adjournment, Charging Order/security
Source Language
EN
Bankruptcy Enforcement of Foreign/mainland Judgments Civil Procedure Statutory Demand Inability to Pay Set Aside Registration Bankruptcy Order Adjournment +1 more

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Parties

WU ZUO CHENG (吳作程)

Petitioner

LEUNG LAI CHING MARGARET (梁儷瀞)

Debtor

Procedural Posture

Bankruptcy Petition (registration of Mainland Judgment) / Resumed Hearing and Bankruptcy Order Made

Legal Issues

  1. 1 Whether the requirements of section 6(2) of the Bankruptcy Ordinance were satisfied
  2. 2 Whether the debtor established a bona fide dispute on substantial grounds with credible evidence
  3. 3 Whether prospective or contingent Mainland receipts/agreements justify refusal or adjournment of the bankruptcy petition

Ratio Decidendi

The court found s6(2) satisfied: the debt was registered and immediately payable, a statutory demand was served and not set aside, and the debtor failed to demonstrate a bona fide dispute on substantial grounds with credible evidence; contingent or prospective Mainland agreements and untested documents did not justify refusal of the bankruptcy order or further adjournment, therefore the usual bankruptcy order with costs was made.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order made against the debtor
  • Costs awarded to the petitioner including costs reserved, to be taxed if not agreed