RE WONG YAM TAK

RE WONG YAM TAK

The Debtor failed to establish a bona fide defence on substantial grounds or provide verified evidence to impugn the judgment debt; there was no evidence linking the alleged fraud by a third party to the Petitioner and no basis to extend time to appeal, therefore the bankruptcy order should be made against the Debtor with costs.

Citation
[2019] HKCFI 2365
Parties
Petitioner: Galaxy Casino SA; Debtor: The Debtor; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 September 2019
Case Number
HCB4489/2019
Procedural Posture
Bankruptcy Petition / Hearing and Decision (bankruptcy Order Made)
Outcome
Bankruptcy order made against the Debtor
Legal Topics
Statutory Demand, Bankruptcy Order, Judgment Debt, Appeal, Bona Fide Defence
Source Language
EN
Bankruptcy Civil Procedure Enforcement Statutory Demand Bankruptcy Order Judgment Debt Appeal Bona Fide Defence

Case Brief

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Parties

Galaxy Casino SA

Petitioner

The Debtor

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Decision (bankruptcy Order Made)

Legal Issues

  1. 1 Whether the Debtor has a bona fide defence on substantial grounds to the petitioning debt
  2. 2 Whether the alleged fraud by a third party (Leung Keong) can be attributed to the Petitioner
  3. 3 Whether the Debtor's failure to comply with an Unless Order or to appeal the underlying judgment provides grounds to resist the bankruptcy petition

Ratio Decidendi

The Debtor failed to establish a bona fide defence on substantial grounds or provide verified evidence to impugn the judgment debt; there was no evidence linking the alleged fraud by a third party to the Petitioner and no basis to extend time to appeal, therefore the bankruptcy order should be made against the Debtor with costs.

Court Disposition

Bankruptcy order made against the Debtor

Orders

  • Bankruptcy order made against the Debtor
  • Costs awarded against the Debtor to the Petitioner