RE LAU KAM SING DICKIE

RE LAU KAM SING DICKIE

The debtor produced no credible, admissible evidence to show a bona fide dispute as to the debt; the interest rate and lender status did not legally defeat the petition; accordingly a bankruptcy order was properly made.

Citation
[2019] HKCFI 1855
Parties
Petitioner (creditor): Lo Hon Kwong; Debtor: Lau Kam Sing Dickie; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 2019
Case Number
HCB2311/2019
Procedural Posture
Bankruptcy Petition / Hearing and Judgment (bankruptcy Order Made)
Outcome
Bankruptcy order made against Lau Kam Sing Dickie
Legal Topics
Statutory Demand, Bankruptcy Petition, Moneylenders Ordinance, Adjournment, Bona Fide Dispute
Source Language
EN
Bankruptcy Insolvency Moneylenders Law Civil Procedure Statutory Demand Bankruptcy Petition Moneylenders Ordinance Adjournment +1 more

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Parties

Lo Hon Kwong

Petitioner (creditor)

Lau Kam Sing Dickie

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Judgment (bankruptcy Order Made)

Legal Issues

  1. 1 Whether there is a bona fide dispute as to the debt alleged in the petition
  2. 2 Whether the petitioner was a moneylender requiring a licence under the Money Lenders Ordinance (Cap 163)
  3. 3 Whether an adjournment should be granted to permit the debtor to file evidentiary affidavits in opposition

Ratio Decidendi

The debtor produced no credible, admissible evidence to show a bona fide dispute as to the debt; the interest rate and lender status did not legally defeat the petition; accordingly a bankruptcy order was properly made.

Court Disposition

Bankruptcy order made against Lau Kam Sing Dickie

Orders

  • Bankruptcy order made against the debtor
  • Costs awarded to the petitioner