14 Mar 2013
RE WONG YU CHO ROLLY
- Citation
- RE WONG YU CHO ROLLY
- Court
- Court of First Instance
- Case number
- HCB7588/2012
The court dismissed the application to set aside the statutory demand and made the bankruptcy petition absolute because (1) service was properly effected and acknowledged; (2) a pending appeal did not justify setting aside or adjourning the demand where no stay existed and accepted practice precludes going behind the judgment; (3) the debtor failed to establish a genuine and serious counterclaim under r48(5) as the claim had been twice rejected; and (4) the debtor had not prosecuted his appeals with due diligence, so the petition should not be adjourned.