RE ALISON WONG LEE FUNG YING so known as LEE, FUNG YING ALISON

RE ALISON WONG LEE FUNG YING so known as LEE, FUNG YING ALISON

There being an unpaid judgment debt of HK$592,980.94, no bona fide defence, and the petitioners' conduct not unreasonable under s6D(3) BO, the petitioners were entitled as of right to a bankruptcy order against the debtor; therefore a bankruptcy order must be made and costs are payable out of the estate.

Citation
[2019] HKCFI 2748
Parties
Petitioner (joint and Several Trustee in Bankruptcy of Ho Yuk Wah David): IP PUI LAM ARTHUR; Petitioner (joint and Several Trustee in Bankruptcy of Ho Yuk Wah David): IP PUI SUM; Debtor: ALISON WONG LEE FUNG YING also known as LEE, FUNG YING ALISON
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 October 2019
Case Number
HCB3820/2019
Procedural Posture
Bankruptcy Petition Based on Judgment Debt / Decision Following Hearing (bankruptcy Order Made)
Outcome
Bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Bankruptcy Order, Section 6 D(3) Bankruptcy Ordinance, Joint and Several Liability, Judgment Debt
Source Language
EN
Bankruptcy Civil Procedure Costs Statutory Demand Bankruptcy Order Section 6 D(3) Bankruptcy Ordinance Joint and Several Liability Judgment Debt

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Parties

IP PUI LAM ARTHUR

Petitioner (joint and Several Trustee in Bankruptcy of Ho Yuk Wah David)

IP PUI SUM

Petitioner (joint and Several Trustee in Bankruptcy of Ho Yuk Wah David)

ALISON WONG LEE FUNG YING also known as LEE, FUNG YING ALISON

Debtor

Procedural Posture

Bankruptcy Petition Based on Judgment Debt / Decision Following Hearing (bankruptcy Order Made)

Legal Issues

  1. 1 Whether a bankruptcy order should be made based on an unpaid judgment debt and statutory demand
  2. 2 Whether the petitioners acted unreasonably within the meaning of s6D(3) of the Bankruptcy Ordinance
  3. 3 Whether the debtor has any bona fide defence or an offer sufficient to defeat the petition

Ratio Decidendi

There being an unpaid judgment debt of HK$592,980.94, no bona fide defence, and the petitioners' conduct not unreasonable under s6D(3) BO, the petitioners were entitled as of right to a bankruptcy order against the debtor; therefore a bankruptcy order must be made and costs are payable out of the estate.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order in the usual form
  • Costs of the petition to be paid out of the estate