有關許友瓶的事宜

有關許友瓶的事宜

The court held that both statutory demands were validly served and remained unsatisfied, the amounts were liquidated and immediately payable, and the debtor offered no credible or new defence beyond matters already finally decided in earlier proceedings; accordingly a bankruptcy order was appropriate and costs were awarded to the applicant.

Citation
[2019] HKCFI 2360
Parties
Applicant/creditor: 施龍友; Debtor: 許友瓶; Co Debtor: 林巧玲; Official Receiver/administrator: 破產管理署 (Official Receiver)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2019
Case Number
HCB860/2019
Procedural Posture
Bankruptcy Petition / Hearing and Judgment
Outcome
Bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Insolvency Petition, Res Judicata, Assessment of Costs, Admissibility of Evidence
Source Language
CH
Bankruptcy Civil Procedure Enforcement of Judgment Evidence Statutory Demand Insolvency Petition Res Judicata Assessment of Costs +1 more

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Parties

施龍友

Applicant/creditor

許友瓶

Debtor

林巧玲

Co Debtor

破產管理署 (Official Receiver)

Official Receiver/administrator

Procedural Posture

Bankruptcy Petition / Hearing and Judgment

Legal Issues

  1. 1 Whether statutory demands were validly served and not complied with
  2. 2 Whether the debts were liquidated, due and payable and sufficient to support a bankruptcy petition
  3. 3 Whether the debtor had any bona fide substantial defence to the petition

Ratio Decidendi

The court held that both statutory demands were validly served and remained unsatisfied, the amounts were liquidated and immediately payable, and the debtor offered no credible or new defence beyond matters already finally decided in earlier proceedings; accordingly a bankruptcy order was appropriate and costs were awarded to the applicant.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order issued against 許友瓶
  • Costs of the petition awarded to the applicant 施龍友