1 Jun 2001
RE: TANG KAR HUNG, a Debtor and EX-PARTE: HONG KONG HOUSING SOCIETY, a Creditor
- Citation
- RE: TANG KAR HUNG, a Debtor and EX-PARTE: HONG KONG HOUSING SOCIETY, a Creditor
- Court
- Court of First Instance
- Case number
- HCB2416/2000
The guarantees were unconditional performance bonds payable on demand; absent clear fraud or other sufficient cause, the bankruptcy court will not go behind the prior High Court judgment. The debtor gave no cogent evidence that arbitration outcomes or alleged wrongful termination would defeat the guarantor's liability or justify refusal of a bankruptcy order. The court therefore dismissed the debtor's stay/adjournment application and made a bankruptcy order against the debtor with costs to the petitioner.