12 Jan 2015
The debtors failed to establish a bona fide dispute on substantial grounds or to demonstrate an ability to repay the undisputed judgment debts; the existing judgments stand as prima facie evidence and the creditors are entitled to bankruptcy orders against the debtors.
29 Nov 2013
Service at the Kingswood Address was valid as the defendant's last known address recorded publicly and the defendant failed to produce convincing evidence that he did not receive the writ; accordingly the default judgment was regular. Nevertheless, because there are live, credible factual disputes about agency, the existence and terms of any loan and related matters such that the defendant has a real prospect of success, the court exercised its discretion to set aside the default judgment on terms: the default judgment is set aside and the garnishee order nisi discharged provided the defendan…
7 Jan 2010
The statutory demands could not be set aside because the taxed costs allocatur certified a debt owed jointly and severally by the Company and Mr and Mrs Chaiko, the allocatur stood unchallenged and represented a recoverable debt, and the winding up petition was unopposed and the company was unable to meet the liability; accordingly the winding up order was made and the applications to set aside the statutory demands were dismissed.
15 Jul 2008
Lee, as a member of the management committee, was liable to pay damages to the Incorporated Owners because the decision to defend the Lands Tribunal action was made improperly and invalidly for want of proper quorum and thus was unreasonable and not protected by s29A; the costs incurred (HK$530,000 plus HK$270,000) were reasonable and recoverable, and Lee was ordered to pay HK$680,000 plus interest and costs.
23 Jun 2003
The petition was granted because the debtor failed to establish any reasonable grounds of opposition or a real prospect of success on appeal; prior applications to set aside the default judgments and statutory demand were dismissed, and the alleged formal defects did not invalidate the petition given a valid presentation by the second judgment creditor and the petitioners' inability to obtain the debtor's identity numbers.