RE SO SHING CHO JACKY

RE SO SHING CHO JACKY

Petitioner had taken all reasonable steps to effect service and the debtor had actual notice; the statutory demand met Rule 44(3) by identifying amount and the basis under the Deeds; debtor failed to establish a bona fide dispute on substantial grounds or to identify how demands failed Clause 2 of the Deeds; alleged implied terms and breach of ABP Agreements were unsupported and inconsistent with the contracts; accordingly bankruptcy order and costs order nisi were warranted.

Citation
[2022] HKCFI 858
Parties
Petitioner: Sun Life Hong Kong Limited; Debtor: So Shing Cho Jacky
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 March 2022
Case Number
HCB4084/2020
Procedural Posture
Bankruptcy Petition / Judgment
Outcome
Bankruptcy order made against the Debtor; order nisi for costs in favour of the Petitioner
Legal Topics
Statutory Demand, Service of Process, Guarantee, Implied Terms, Clawback, Bona Fide Dispute
Source Language
EN
Bankruptcy Contract Civil Procedure Insolvency Statutory Demand Service of Process Guarantee Implied Terms +2 more

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Parties

Sun Life Hong Kong Limited

Petitioner

So Shing Cho Jacky

Debtor

Procedural Posture

Bankruptcy Petition / Judgment

Legal Issues

  1. 1 Whether service of the statutory demand was irregular and non-compliant with Rule 46 of the Bankruptcy Rules
  2. 2 Whether the statutory demand was defective for non-compliance with Rule 44(3) of the Bankruptcy Rules
  3. 3 Whether the petitioning debt arose under the Deeds of Guarantee

Ratio Decidendi

Petitioner had taken all reasonable steps to effect service and the debtor had actual notice; the statutory demand met Rule 44(3) by identifying amount and the basis under the Deeds; debtor failed to establish a bona fide dispute on substantial grounds or to identify how demands failed Clause 2 of the Deeds; alleged implied terms and breach of ABP Agreements were unsupported and inconsistent with the contracts; accordingly bankruptcy order and costs order nisi were warranted.

Court Disposition

Bankruptcy order made against the Debtor; order nisi for costs in favour of the Petitioner

Orders

  • Bankruptcy order against Mr So Shing Cho Jacky
  • Order nisi that the costs of the Petition, including all reserved costs, if any, be to the Petitioner