RE GUY KWOK HUNG LAM

RE GUY KWOK HUNG LAM

The Costs Order constituted an undisputed judgment debt and the statutory demand was reasonably brought to the debtor's attention; the debtor did not comply and is therefore deemed unable to pay under s.6A(1)(a); he failed to discharge the burden of showing a bona fide dispute on substantial grounds and failed to comply with the court's conditional order to pay the debt into court; late affidavits and post-hearing material were inadmissible; the unsubstantiated payment proposal was not credible — accordingly a usual bankruptcy order was made against the debtor.

Citation
[2025] HKCFI 1220
Parties
1st Petitioner: CP Global Inc.; 2nd Petitioner: CP Assets Limited; Debtor: Guy Kwok-Hung Lam; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 March 2025
Case Number
HCB7204/2024
Procedural Posture
Bankruptcy Petition / Hearing and Judgment (court of First Instance)
Outcome
Usual bankruptcy order made against Guy Kwok-Hung Lam
Legal Topics
Statutory Demand, Service of Process, Judgment Debt, Bankruptcy Order, Extension of Time to File Notice, Exclusive Jurisdiction Clause, Set Off, Evidence of Bona Fide Dispute
Source Language
EN
Bankruptcy Civil Procedure Enforcement of Costs Receivership Statutory Demand Service of Process Judgment Debt Bankruptcy Order +4 more

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Parties

CP Global Inc.

1st Petitioner

CP Assets Limited

2nd Petitioner

Guy Kwok-Hung Lam

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the statutory demand and petition were validly served
  2. 2 Whether the debtor is deemed unable to pay under s.6A(1)(a)
  3. 3 Whether the debtor discharged burden to show a bona fide dispute on substantial grounds

Ratio Decidendi

The Costs Order constituted an undisputed judgment debt and the statutory demand was reasonably brought to the debtor's attention; the debtor did not comply and is therefore deemed unable to pay under s.6A(1)(a); he failed to discharge the burden of showing a bona fide dispute on substantial grounds and failed to comply with the court's conditional order to pay the debt into court; late affidavits and post-hearing material were inadmissible; the unsubstantiated payment proposal was not credible — accordingly a usual bankruptcy order was made against the debtor.

Court Disposition

Usual bankruptcy order made against Guy Kwok-Hung Lam

Orders

  • Usual bankruptcy order made against Guy Kwok-Hung Lam.
  • Leave to file Notice out of time had been granted previously subject to payment of the full debt into court within 4 weeks (condition not complied with).