RE CHEUNG HING CHIK also known as CHARLES H.C. CHEUNG

RE CHEUNG HING CHIK also known as CHARLES H.C. CHEUNG

The debtor failed to comply with a duly served statutory demand for a debt above the statutory threshold and his assertions of ability to pay were speculative and unproven; therefore the court exercised its discretion to grant a bankruptcy order.

Citation
[2020] HKCFI 2234
Parties
Petitioner: Ling Sing Limited (凌星有限公司); Debtor: Cheung Hing Chik also known as Charles H.C. Cheung; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 August 2020
Case Number
HCB1901/2020
Procedural Posture
Bankruptcy Petition / Hearing and Judgment on Petition
Outcome
Bankruptcy order granted against the debtor
Legal Topics
Statutory Demand, Bankruptcy Order, Ability to Pay, Misappropriation of Funds
Source Language
EN
Bankruptcy Insolvency Civil Procedure Criminal Misappropriation Statutory Demand Bankruptcy Order Ability to Pay Misappropriation of Funds

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 5
Sign in to unlock

Parties

Ling Sing Limited (凌星有限公司)

Petitioner

Cheung Hing Chik also known as Charles H.C. Cheung

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Judgment on Petition

Legal Issues

  1. 1 Whether the debtor failed to comply with a statutory demand
  2. 2 Whether the creditor established a debt exceeding the statutory threshold
  3. 3 Whether the debtor demonstrated an ability to pay so as to defeat the petition

Ratio Decidendi

The debtor failed to comply with a duly served statutory demand for a debt above the statutory threshold and his assertions of ability to pay were speculative and unproven; therefore the court exercised its discretion to grant a bankruptcy order.

Court Disposition

Bankruptcy order granted against the debtor

Orders

  • Bankruptcy order granted against Cheung Hing Chik (Charles H.C. Cheung) dated 3 August 2020