RE DAN YIN PING

RE DAN YIN PING

None of the three offers met the statutory test in s6D(3): the first was a global inadequate composition addressing multiple distinct debts and could not be treated as settlement of the judgment debt alone; the second and third left an insufficient margin to meet likely taxed costs and contained unacceptable timing and scope conditions. The petitioner's refusals were within the range of reasonable creditor responses; accordingly the petitions (as to the judgment debt) were not dismissed and bankruptcy orders nisi were made against both debtors with costs to the petitioner to be taxed if not agreed, certificate for counsel.

Citation
[2020] HKCFI 621
Parties
Creditor (petitioner): Ng Ting Kwok; Debtor: Dan Yin Ping; Debtor: Ng On Kwok
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 April 2020
Case Number
HCB1310/2018
Procedural Posture
Bankruptcy Proceedings (bankruptcy Petitions HCB 1310/2018 & HCB 1336/2019) / Hearing and Judgment (order Nisi Made)
Outcome
Bankruptcy order nisi made against Dan Yin Ping and Ng On Kwok; costs in respect of HCB 1310/2018 and those parts of HCB 1336/2019 relating to the judgment debt awarded to the petitioner, to be taxed if not agreed, payable forthwith, certificate for counsel.
Legal Topics
Statutory Demand, Bankruptcy Petition, Settlement Offer Under S6 D(3), Judgment Debt, Costs Taxation, Stay and Discontinuance
Source Language
EN
Bankruptcy Insolvency Civil Procedure Contract Statutory Demand Bankruptcy Petition Settlement Offer Under S6 D(3) Judgment Debt +2 more

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Parties

Ng Ting Kwok

Creditor (petitioner)

Dan Yin Ping

Debtor

Ng On Kwok

Debtor

Procedural Posture

Bankruptcy Proceedings (bankruptcy Petitions HCB 1310/2018 & HCB 1336/2019) / Hearing and Judgment (order Nisi Made)

Legal Issues

  1. 1 Whether the debtors' settlement offers satisfied section 6D(3) BO so as to require dismissal of the petitions
  2. 2 Whether the petitioning creditor unreasonably refused the offers
  3. 3 Whether the court should go behind the summary judgment underpinning the judgment debt

Ratio Decidendi

None of the three offers met the statutory test in s6D(3): the first was a global inadequate composition addressing multiple distinct debts and could not be treated as settlement of the judgment debt alone; the second and third left an insufficient margin to meet likely taxed costs and contained unacceptable timing and scope conditions. The petitioner's refusals were within the range of reasonable creditor responses; accordingly the petitions (as to the judgment debt) were not dismissed and bankruptcy orders nisi were made against both debtors with costs to the petitioner to be taxed if not agreed, certificate for counsel.

Court Disposition

Bankruptcy order nisi made against Dan Yin Ping and Ng On Kwok; costs in respect of HCB 1310/2018 and those parts of HCB 1336/2019 relating to the judgment debt awarded to the petitioner, to be taxed if not agreed, payable forthwith, certificate for counsel.

Orders

  • Bankruptcy order nisi to be made against Ms Dan Yin Ping (HCB 1310/2018).
  • Bankruptcy order nisi to be made against Mr Ng On Kwok (HCB 1336/2019) insofar as relates to the judgment debt.