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Decision on costs after a 6-day trial in a mortgage enforcement and counterclaim case. The court ordered indemnity costs for BFL, but refused the Official Solicitor’s costs claim.
A bankruptcy order was made because the debt rested on a valid and final District Court judgment and the debtor failed to comply with the statutory demand and did not adduce sufficiently precise, believable evidence of a bona fide dispute on substantial grounds; allegations of a corporate connection, structural defects and procedural unfairness were unsubstantiated and did not justify going behind the judgment or resisting the petition.
Source excerpt
法院認為債務人已提出有實質爭議的真誠抗辯，尤其有關和解協議及5百萬股股份轉讓的證據，因此駁回破產呈請。
The Court of First Instance granted a bankruptcy order against the debtor after finding no bona fide dispute and no evidence that the judgment debt was secured.
The court made a bankruptcy order after finding the debtor could not rely on a late-amended objection and had not shown a bona fide dispute on substantial grounds.
The court applied Order 62 r28(4A) and the authorities on indemnity‑basis assessments, admitted the late‑filed defendant statement as delay was minor, found the defendant offered no substantive objections to the claimed items, made only modest reductions for non‑complex aspects of the late appeal, and held the plaintiff's claimed costs were not unreasonable or unreasonably incurred; therefore costs were summarily assessed at HK$59,559 payable immediately by the defendant.
Source excerpt
The Court of First Instance dismissed a bankrupt’s section 83 summons seeking leave to use trustees’ names for litigation, holding there was no full indemnity or standing.
The Court of Appeal ordered security for costs of HK$750,000 against the bankrupt appellant, stayed the appeals pending payment, and dismissed them on default.
The Court ordered indemnity costs against Li and the nominees after revoking approval of his IVA proposal, finding serious breach of nominee duties and improper voting treatment.
The Court of Final Appeal held that leave under Bankruptcy Ordinance s.12 for an O.49B examination could cover a later imprisonment application, and dismissed the appeal.
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