RE HO LONG MAN

RE HO LONG MAN

The financing payments became immediately repayable under the contractual provisions on termination; the debtor neither paid nor filed evidence or appeared to dispute the debt after a statutory demand, therefore there was no defence and the court made the usual bankruptcy order with costs.

Citation
[2020] HKCFI 2510
Parties
Petitioner: Prudential Hong Kong Limited; Debtor: Ho Long Man; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 September 2020
Case Number
HCB7556/2019
Procedural Posture
Bankruptcy Petition / Hearing and Order Made
Outcome
Bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Bankruptcy Order, Repayment of Financing Payments, Agency Agreement, Service Agreement, Costs
Source Language
EN
Insolvency Bankruptcy Contract Law Civil Procedure Statutory Demand Bankruptcy Order Repayment of Financing Payments Agency Agreement +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Prudential Hong Kong Limited

Petitioner

Ho Long Man

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Order Made

Legal Issues

  1. 1 Whether the financing payments became immediately repayable on termination/resignation
  2. 2 Whether the debtor had valid defence or filed evidence in opposition to the petition
  3. 3 Whether a bankruptcy order should be made following non-payment and non-appearance

Ratio Decidendi

The financing payments became immediately repayable under the contractual provisions on termination; the debtor neither paid nor filed evidence or appeared to dispute the debt after a statutory demand, therefore there was no defence and the court made the usual bankruptcy order with costs.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order made against Ho Long Man
  • Costs awarded; Official Receiver's costs of 6500 HKD to be paid out of the deposit