RE CHAN CHUN CHUEN

RE CHAN CHUN CHUEN

Bankruptcy order granted because debtor failed to comply with a valid statutory demand and is deemed unable to pay; debtor’s allegations of fraud and his cross-claim are unsubstantiated, delayed and amount to a collateral attack on final judgments after exhaustive appeal rights had been exhausted; omission of charging order in the statutory demand did not cause substantial injustice and is curable; applications to adjourn for foreign proceedings or legal aid were refused.

Citation
[2021] HKCFI 2385
Parties
Petitioner: Chinachem Charitable Foundation Limited; Debtor: Chan Chun Chuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2021
Case Number
HCB6563/2020
Procedural Posture
Bankruptcy Petition / Petition Hearing and Bankruptcy Order Made
Outcome
Bankruptcy order made against the debtor Chan Chun Chuen.
Legal Topics
Statutory Demand, Charging Order, Bankruptcy Petition, Collateral Attack on Judgment, Setting Aside Judgment for Fraud, Cross Claim, Forgery, Delay and Abuse of Process, Legal Aid/adjournment
Source Language
EN
Bankruptcy Probate and Estates Civil Procedure Criminal Law Statutory Demand Charging Order Bankruptcy Petition Collateral Attack on Judgment +5 more

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Parties

Chinachem Charitable Foundation Limited

Petitioner

Chan Chun Chuen

Debtor

Procedural Posture

Bankruptcy Petition / Petition Hearing and Bankruptcy Order Made

Legal Issues

  1. 1 Whether the debtor is unable to pay the debt for purposes of a bankruptcy petition
  2. 2 Whether the debtor has a bona fide dispute on substantial grounds to resist the petition
  3. 3 Whether the debtor’s allegations of fraud and related cross-claims amount to a genuine, serious and substantive defence

Ratio Decidendi

Bankruptcy order granted because debtor failed to comply with a valid statutory demand and is deemed unable to pay; debtor’s allegations of fraud and his cross-claim are unsubstantiated, delayed and amount to a collateral attack on final judgments after exhaustive appeal rights had been exhausted; omission of charging order in the statutory demand did not cause substantial injustice and is curable; applications to adjourn for foreign proceedings or legal aid were refused.

Court Disposition

Bankruptcy order made against the debtor Chan Chun Chuen.

Orders

  • Make the usual bankruptcy order against the debtor
  • Attendance of Bough & Co, solicitors for the debtor, excused