31 Oct 2023
劉照英 對 珀譽珠寶有限公司
- Citation
- [2023] HKCA 1243
- Court
- Court of Appeal
- Case number
- CACV417/2022
Statutory requirements for the bankruptcy petition were met (debt >= HKD10,000; statutory demand served and not complied with; debtor deemed unable to pay under s6A), the petition was valid notwithstanding the contested valuation of charged shares because petitioner waived the charge if bankruptcy were made, and the debtor failed to adduce evidence to rebut the presumption of inability to pay; therefore the Court of Appeal will not disturb the exercise of discretion to make the bankruptcy order.