TANG KUN YEUNG as registered manager of TANG MAN FAT TSO AND ANOTHER v. TANG WOUNG SHIU

TANG KUN YEUNG as registered manager of TANG MAN FAT TSO AND ANOTHER v. TANG WOUNG SHIU

The court held the powers of attorney were valid (reinforced by earlier ruling) and any procedural deficiency was cured when the Petitioners filed their own verifying affirmations showing personal knowledge; the Debtor's alleged entitlements to Tso distributions were insufficient in aggregate to set off the petition debt; therefore there was no basis to resist the petition and a bankruptcy order was made against the Debtor.

Citation
TANG KUN YEUNG as registered manager of TANG MAN FAT TSO AND ANOTHER v. TANG WOUNG SHIU
Parties
1st Petitioner: Tang Kun Yeung (as registered manager of Tang Man Fat Tso); 2nd Petitioner: Tang Cho Wah; Debtor: Tang Woung Shiu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 2007
Case Number
HCB3608/2006
Procedural Posture
Bankruptcy Petition / Trial and Judgment (order Made)
Outcome
Bankruptcy order made against the Debtor Tang Woung Shiu
Legal Topics
Validity of Powers of Attorney, Verifying Affirmation Requirements, Statutory Demand and Presentation, Set‑off Against Petition Debt, Ratification of Proceedings by Principal, Distribution of Tso Property
Source Language
EN
Bankruptcy Law Civil Procedure Trusts and Property Law Costs Law Validity of Powers of Attorney Verifying Affirmation Requirements Statutory Demand and Presentation Set‑off Against Petition Debt +2 more

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Parties

Tang Kun Yeung (as registered manager of Tang Man Fat Tso)

1st Petitioner

Tang Cho Wah

2nd Petitioner

Tang Woung Shiu

Debtor

Procedural Posture

Bankruptcy Petition / Trial and Judgment (order Made)

Legal Issues

  1. 1 Whether the powers of attorney granted to attorneys were valid and the effect on the verifying affirmation and presentation of the petition
  2. 2 Whether a verifying affirmation must be made by the petitioner personally or may be made by an attorney
  3. 3 Whether the Debtor was entitled to set off alleged undistributed proceeds from Tang Man Fat Tso or other Tsos against the petition debt

Ratio Decidendi

The court held the powers of attorney were valid (reinforced by earlier ruling) and any procedural deficiency was cured when the Petitioners filed their own verifying affirmations showing personal knowledge; the Debtor's alleged entitlements to Tso distributions were insufficient in aggregate to set off the petition debt; therefore there was no basis to resist the petition and a bankruptcy order was made against the Debtor.

Court Disposition

Bankruptcy order made against the Debtor Tang Woung Shiu

Orders

  • Bankruptcy order made against the Debtor
  • Order nisi that the costs of the petition are to be paid by the Debtor to the Petitioners in any event