有關唐偉德的事宜

有關唐偉德的事宜

The petitioners proved an assessed costs debt of HKD 77,109.01 and proved service of a statutory demand; the debtor admitted non‑compliance and expressed unwillingness to pay, and claims of assets were not substantiated and later withdrawn; an application to reassess did not negate the debt. Therefore under s 6A(1)(a) the court was satisfied the debtor was unable or unwilling to pay and a bankruptcy order was justified.

Citation
[2022] HKCFI 173
Parties
Debtor: TONG WAI TAK (唐偉德); Petitioner: CHAN AH FUN (陳亞芬); Petitioner: CHOW CHUN KIT (周俊傑); Petitioner: KWOK WONG CHUN (郭旺進); Petitioner: LEE SUK CHING (李淑貞)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 January 2022
Case Number
HCB4318/2021
Procedural Posture
Bankruptcy Petition / Hearing and Order Made
Outcome
Bankruptcy order made against the debtor Tong Wai Tak
Legal Topics
Statutory Demand, Enforcement of Tribunal Costs, Service Proof, Inability to Pay, Effect of Pending Review on Judgment
Source Language
CH
Bankruptcy Civil Procedure Costs Assessment Service of Process Statutory Demand Enforcement of Tribunal Costs Service Proof Inability to Pay +1 more

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Parties

TONG WAI TAK (唐偉德)

Debtor

CHAN AH FUN (陳亞芬)

Petitioner

CHOW CHUN KIT (周俊傑)

Petitioner

KWOK WONG CHUN (郭旺進)

Petitioner

LEE SUK CHING (李淑貞)

Petitioner

Procedural Posture

Bankruptcy Petition / Hearing and Order Made

Legal Issues

  1. 1 Whether the assessed costs debt is due and owing
  2. 2 Whether the statutory demand was validly served
  3. 3 Whether the debtor has available assets or security to satisfy the debt

Ratio Decidendi

The petitioners proved an assessed costs debt of HKD 77,109.01 and proved service of a statutory demand; the debtor admitted non‑compliance and expressed unwillingness to pay, and claims of assets were not substantiated and later withdrawn; an application to reassess did not negate the debt. Therefore under s 6A(1)(a) the court was satisfied the debtor was unable or unwilling to pay and a bankruptcy order was justified.

Court Disposition

Bankruptcy order made against the debtor Tong Wai Tak

Orders

  • Make a bankruptcy order against TONG WAI TAK (唐偉德)