Hong Kong Case Law: Decisions & Judgments

Topic

Going behind a judgment

Legal area

Court

14 Feb 2018

CHOITHRAMANI GURDAS SABHAGCHAND v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD

Citation

[2018] HKCA 84
Court

Court of Appeal
Case number

CACV74/2015

The Court upheld A Chan J's exercise of discretion refusing to adjourn the bankruptcy petition: the alleged emails, read in context, did not establish a binding agreement enforceable against the bankruptcy court; the judgment debt remained prima facie evidence of indebtedness which the appellant failed to rebut and CACV 117/14 had been determined by judgment in July 2017; accordingly the bankruptcy order was properly made and the appeal dismissed.
10 Jul 2015

RE AU WAI MING

Citation

RE AU WAI MING
Court

Court of First Instance
Case number

HCB7306/2014

The judgment debt and service of the statutory demand established prima facie indebtedness; the debtor failed to adduce sufficiently precise, believable evidence of a bona fide defence or to show fraud, collusion or miscarriage of justice impugning the judgment; consequently the petition was well founded and a bankruptcy order was warranted.
8 May 2013

RE TAM MEI KAM

Citation

RE TAM MEI KAM
Court

Court of Appeal
Case number

CACV87/2012

The Court held the judgment for the solicitors was prima facie evidence of indebtedness and Madam Tam failed to rebut that prima facie case because she produced no precise evidence of fraud, collusion or negligence sufficient to impugn the underlying judgments; accordingly the bankruptcy order was correctly made and the appeal was dismissed.
25 Apr 2012

RE TAM MEI KAM

Citation

RE TAM MEI KAM
Court

Court of First Instance
Case number

HCB3777/2011

The debtor failed to establish any bona fide dispute or to adduce evidence that the judgment of Chung J was tainted by fraud; the collateral fee agreement allegation had been considered and rejected by Chung J and cannot be reopened; therefore a bankruptcy order against the debtor should be made with costs.
18 May 2007

RE LEE YIK KWONG

Citation

RE LEE YIK KWONG
Court

Court of First Instance
Case number

HCB4043/2006

The court upheld the District Judge's findings that the writs and judgments were properly served and regular and that the debtor had no real prospect of success on the merits; accordingly the petitioner established valid judgment debts and a bankruptcy order was made against the debtor.
5 May 2003

RE CHUNG KAU

Citation

RE CHUNG KAU
Court

Court of First Instance
Case number

HCB581/2003

The debtor failed to adducespecific, credible evidence to establish a bona fide dispute on substantial grounds or credible evidence of fraud to justify going behind the master's taxed costs order; accordingly the taxed costs debt stood and a bankruptcy order with costs against the debtor was properly made; non‑lawyer assistance was limited to McKenzie friend roles without right of audience.

Hong Kong Case Law

CHOITHRAMANI GURDAS SABHAGCHAND v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD

RE AU WAI MING

RE TAM MEI KAM

RE TAM MEI KAM

RE LEE YIK KWONG

RE CHUNG KAU