RE CHEUNG CHUNG

RE CHEUNG CHUNG

The court found the debtor's bare denial not credible in light of contemporaneous WeChat communications and the account of execution; there was no real and substantial dispute going to the foundation of the petitioning debt, so the statutory demand could not be set aside and the bankruptcy petition may proceed.

Citation
[2019] HKCFI 2770
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 November 2019
Case Number
HCB5509/2018
Procedural Posture
Bankruptcy Petition / Hearing to Set Aside Statutory Demand
Outcome
Statutory demand upheld; no bona fide dispute on substantial grounds; bankruptcy petition may proceed
Legal Topics
Statutory Demand, Bona Fide Dispute, Set Aside, Summary Procedure
Source Language
EN
Bankruptcy Insolvency Company Law Civil Procedure Statutory Demand Bona Fide Dispute Set Aside Summary Procedure

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Procedural Posture

Bankruptcy Petition / Hearing to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether the debtor has a bona fide dispute of the petitioning debt on substantial grounds
  2. 2 Whether the debtor's bare denial of signature suffices to set aside the statutory demand
  3. 3 Whether partial repayment by share transfer affects the statutory demand

Ratio Decidendi

The court found the debtor's bare denial not credible in light of contemporaneous WeChat communications and the account of execution; there was no real and substantial dispute going to the foundation of the petitioning debt, so the statutory demand could not be set aside and the bankruptcy petition may proceed.

Court Disposition

Statutory demand upheld; no bona fide dispute on substantial grounds; bankruptcy petition may proceed

Orders

  • Statutory demand not set aside
  • Bankruptcy petition permitted to proceed