RE KWAN SHUN KEUNG TIMMY

RE KWAN SHUN KEUNG TIMMY

Petitioner established inability to pay by non‑compliance with statutory demands and evidence of dishonoured cheques; the debtor failed to produce sufficiently precise, believable evidence of a bona fide dispute on substantial grounds, therefore the court was justified under the Bankruptcy Ordinance in making a bankruptcy order against the debtor.

Citation
[2022] HKCFI 2693
Parties
Petitioner / Creditor: Lau Kim Hung Jack; Debtor: Kwan Shun Keung Timmy; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2022
Case Number
HCB2146/2022
Procedural Posture
Bankruptcy Petition / Hearing on Petition and Bankruptcy Order Made
Outcome
Bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Bankruptcy Order, Bona Fide Dispute on Substantial Grounds, Dishonoured Cheques, Security/mortgage Valuation
Source Language
EN
Bankruptcy Insolvency Civil Procedure Statutory Demand Bankruptcy Order Bona Fide Dispute on Substantial Grounds Dishonoured Cheques Security/mortgage Valuation

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Parties

Lau Kim Hung Jack

Petitioner / Creditor

Kwan Shun Keung Timmy

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing on Petition and Bankruptcy Order Made

Legal Issues

  1. 1 Whether the debtor is unable to pay his debts under s.6A(1)(a) and s.6(2)(c) of the Bankruptcy Ordinance (Cap.6)
  2. 2 Whether the debtor has established a bona fide dispute on substantial grounds by sufficient precise evidence
  3. 3 Whether the 3rd loan is a genuine debt and the effect of dishonoured cheques and mortgage securities

Ratio Decidendi

Petitioner established inability to pay by non‑compliance with statutory demands and evidence of dishonoured cheques; the debtor failed to produce sufficiently precise, believable evidence of a bona fide dispute on substantial grounds, therefore the court was justified under the Bankruptcy Ordinance in making a bankruptcy order against the debtor.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order made against Kwan Shun Keung Timmy