RE SIN KWOK LAM

RE SIN KWOK LAM

Usual bankruptcy order granted because the statutory demand and substituted service of the petition complied with the Bankruptcy Rules and court order, the debtor failed to comply with mandatory rule 68 timing and did not establish a bona fide dispute on substantial grounds nor demonstrate reasonable prospects of success on appeal or obtain a stay, and the debtor declined the conditional extension of time requiring payment into court.

Citation
[2025] HKCFI 3242
Parties
Petitioners: Chen Yung Ngai Kenneth and Sun Wing Sze, Joint and Several Liquidators of Best Year Enterprises Limited (In Liquidation); Debtor: Sin Kwok Lam (冼國林); Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 July 2025
Case Number
HCB3008/2025
Procedural Posture
Bankruptcy Petition / Hearing — Usual Bankruptcy Order Made; Reasons for Judgment Delivered
Outcome
Usual bankruptcy order made against the Debtor
Legal Topics
Statutory Demand, Unfair Preference (s.266 Cwumpo), Substituted Service, Stay Pending Appeal, Insolvency, Extension of Time to Show Cause
Source Language
EN
Bankruptcy Companies (winding Up) Civil Procedure Statutory Demand Unfair Preference (s.266 Cwumpo) Substituted Service Stay Pending Appeal Insolvency +1 more

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Parties

Chen Yung Ngai Kenneth and Sun Wing Sze, Joint and Several Liquidators of Best Year Enterprises Limited (In Liquidation)

Petitioners

Sin Kwok Lam (冼國林)

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing — Usual Bankruptcy Order Made; Reasons for Judgment Delivered

Legal Issues

  1. 1 Whether debtor’s failure to comply with statutory demand warrants bankruptcy order
  2. 2 Whether statutory demand and petition were validly served (including substituted service)
  3. 3 Whether debtor established a bona fide dispute on substantial grounds to resist the petition

Ratio Decidendi

Usual bankruptcy order granted because the statutory demand and substituted service of the petition complied with the Bankruptcy Rules and court order, the debtor failed to comply with mandatory rule 68 timing and did not establish a bona fide dispute on substantial grounds nor demonstrate reasonable prospects of success on appeal or obtain a stay, and the debtor declined the conditional extension of time requiring payment into court.

Court Disposition

Usual bankruptcy order made against the Debtor

Orders

  • Bankruptcy order made against Sin Kwok Lam