9 Apr 2021
LI MAN WAI, the trustee of the bankrupt LEUNG KWOK CHUN also known as LIANG GUO JIN also known as LEUNG KWOKCHUN also known as LIANG GUOJIN also known as DANIEL LIANG also known as DANIEL LEUNG also known as LEUNG KWOK CHUN, DANIEL also known as LIANG GUO JIN, DANIEL also known as LEUNG, KWOK CHUN DANIEL also known as LIANG, GUO JIN DANIEL also known as LEUNG, KWOKCHUN DANIEL also known as LAING, GUOJIN, DANIEL (the “Bankrupt”) v. NGAN SUET FONG BONNIE
- Citation
- [2021] HKCFI 931
- Court
- Court of First Instance
- Case number
- HCA1333/2018
On the evidence the court found Bonnie to be the sole beneficial owner of the Subject Property; the trustee's statutory claims failed because the pleaded statutory heads did not apply or were inadequately pleaded (no pleaded intention to gift, no pleaded creditor relationship under s.50, no distinct particularity of fraud under CPO s.60) and unpleaded matters relied on by Li could not be used to defeat Bonnie's pleaded case; accordingly Li's claim was dismissed and Bonnie's counterclaim allowing vacatur of the Bankruptcy Order registration succeeded.