RE SO MEI TAO CANDY

RE SO MEI TAO CANDY

The Debtor failed to set aside the statutory demand and did not adduce credible, particularized evidence of a bona fide dispute on substantial grounds against the debt established by an unsatisfied summary judgment and supported reinstatement evidence; accordingly she is deemed unable to pay and a usual bankruptcy order was appropriate under s.6A(1)(a).

Citation
[2025] HKCFI 1773
Parties
Petitioner: Wisdom Champion (26) Ltd; Debtor: Ms So Mei Tao Candy; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 May 2025
Case Number
HCB956/2025
Procedural Posture
Bankruptcy Petition / Judgment After Hearing (bankruptcy Order Made)
Outcome
Usual bankruptcy order made against Ms So Mei Tao Candy (Debtor)
Legal Topics
Statutory Demand, Summary Judgment as Debt, Guarantor Liability, Reinstatement Costs, Administrative Charge, Mesne Profit
Source Language
EN
Bankruptcy Landlord and Tenant Contract Civil Procedure Statutory Demand Summary Judgment as Debt Guarantor Liability Reinstatement Costs +2 more

Case Brief

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Parties

Wisdom Champion (26) Ltd

Petitioner

Ms So Mei Tao Candy

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Judgment After Hearing (bankruptcy Order Made)

Legal Issues

  1. 1 Whether the Debtor is unable to pay her debts following service of a statutory demand
  2. 2 Whether the Debtor has raised a bona fide dispute on substantial grounds to resist the statutory demand
  3. 3 Whether the court should go behind the summary judgment underpinning the debt

Ratio Decidendi

The Debtor failed to set aside the statutory demand and did not adduce credible, particularized evidence of a bona fide dispute on substantial grounds against the debt established by an unsatisfied summary judgment and supported reinstatement evidence; accordingly she is deemed unable to pay and a usual bankruptcy order was appropriate under s.6A(1)(a).

Court Disposition

Usual bankruptcy order made against Ms So Mei Tao Candy (Debtor)

Orders

  • Usual bankruptcy order made against Ms So Mei Tao Candy