RE MA SIK HUNG BRUCE

RE MA SIK HUNG BRUCE

The Debtor failed to show a bona fide dispute on substantial grounds or any material change since his application to set aside the statutory demand was dismissed; the Costs Order and Allocatur constitute prima facie evidence of the Debt; res judicata bars re‑litigation of the same issue; accordingly a bankruptcy order (order nisi) was granted and costs ordered to the Petitioners.

Citation
[2021] HKCFI 1551
Parties
1st Creditor/petitioner: Ma Pui Yin Flora; 2nd Creditor/petitioner: Ma Sik Nin; Debtor: Ma Sik Hung Bruce
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 June 2021
Case Number
HCB7754/2019
Procedural Posture
Bankruptcy Petition / Judgment (order Nisi Made)
Outcome
Usual bankruptcy order made (order nisi) against the Debtor; costs to Petitioners ordered to be taxed if not agreed, with certificate for Counsel.
Legal Topics
Statutory Demand, Set Aside Application, Res Judicata, Taxation of Costs, Bankruptcy Order
Source Language
EN
Bankruptcy Civil Procedure Costs Statutory Demand Set Aside Application Res Judicata Taxation of Costs Bankruptcy Order

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Parties

Ma Pui Yin Flora

1st Creditor/petitioner

Ma Sik Nin

2nd Creditor/petitioner

Ma Sik Hung Bruce

Debtor

Procedural Posture

Bankruptcy Petition / Judgment (order Nisi Made)

Legal Issues

  1. 1 Whether the Debtor is personally liable for costs under the Costs Order and Allocatur
  2. 2 Whether there is a bona fide dispute on substantial grounds to set aside the statutory demand or resist the petition
  3. 3 Whether the prior dismissal of the application to set aside the statutory demand operates as res judicata

Ratio Decidendi

The Debtor failed to show a bona fide dispute on substantial grounds or any material change since his application to set aside the statutory demand was dismissed; the Costs Order and Allocatur constitute prima facie evidence of the Debt; res judicata bars re‑litigation of the same issue; accordingly a bankruptcy order (order nisi) was granted and costs ordered to the Petitioners.

Court Disposition

Usual bankruptcy order made (order nisi) against the Debtor; costs to Petitioners ordered to be taxed if not agreed, with certificate for Counsel.

Orders

  • Usual bankruptcy order against the Debtor (order nisi)
  • Order nisi that the costs of the Petition and the Amended Petition, including all costs previously reserved, be to the Petitioners, to be taxed if not agreed, with certificate for Counsel