RE LEE HON PONG

RE LEE HON PONG

The court granted the bankruptcy order because the petition was founded on an existing unchallenged summary judgment treated as prima facie evidence of indebtedness, the statutory demand was not complied with, there was no appeal or evidence of fraud, collusion or miscarriage of justice impugning the judgment, and the debtor offered no concrete proposal to address the debt.

Citation
[2026] HKCFI 1940
Parties
Petitioner: Dah Sing Bank, Limited; Debtor: Lee Hon Pong; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2026
Case Number
HCB8468/2025
Procedural Posture
Bankruptcy Proceedings (petition on Judgment Debt) / Hearing and Judgment — Usual Bankruptcy Order Granted
Outcome
Usual bankruptcy order granted against the Debtor.
Legal Topics
Statutory Demand, Summary Judgment, Bankruptcy Petition, Bankruptcy Order, Costs
Source Language
EN
Bankruptcy Civil Procedure Enforcement of Judgment Statutory Demand Summary Judgment Bankruptcy Petition Bankruptcy Order Costs

Case Brief

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Parties

Dah Sing Bank, Limited

Petitioner

Lee Hon Pong

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings (petition on Judgment Debt) / Hearing and Judgment — Usual Bankruptcy Order Granted

Legal Issues

  1. 1 Whether the summary judgment underpinning the petition can be impeached
  2. 2 Whether the statutory demand was complied with
  3. 3 Whether a bankruptcy order should be made

Ratio Decidendi

The court granted the bankruptcy order because the petition was founded on an existing unchallenged summary judgment treated as prima facie evidence of indebtedness, the statutory demand was not complied with, there was no appeal or evidence of fraud, collusion or miscarriage of justice impugning the judgment, and the debtor offered no concrete proposal to address the debt.

Court Disposition

Usual bankruptcy order granted against the Debtor.

Orders

  • Usual bankruptcy order granted against Lee Hon Pong (the Debtor).
  • Petitioner’s costs of these proceedings to be paid out of the estate of the Debtor, to be taxed if not agreed.