Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discretion to stay or dismiss petition
  • 25 Aug 2003

    RE LING KAM CHUNG

    Citation
    RE LING KAM CHUNG
    Court
    Court of First Instance
    Case number
    HCB12052/2003

    The statutory conditions for a bankruptcy order were satisfied: a liquidated judgment debt exceeding the statutory threshold existed and the statutory demand was not complied with or set aside. The debtor's unexplained delay, lack of particularised evidence, dubious assertions about setting aside the Small Claims award, and wilful default in handling the statutory demand meant he had poor prospects of success and the court should not exercise its discretion to stay or dismiss the petition. Accordingly a bankruptcy order was made with costs.