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Re Chu Lok Ting Dicky

Judgment Cited authorities 4 Cited in Precedent Map Related
Vincent
Judgment Date12 January 2015
Year2015
Judgement NumberHCB1632/2014
Subject MatterBankruptcy Proceedings
CourtHigh Court (Hong Kong)
HCB1631/2014 RE WONG MUI KUEN JOANNA

HCB 1631/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO 1631 OF 2014

____________

Re: Wong Mui Kuen Joanna (黃梅娟) (“Debtor”)
Ex parte Bank of China (Hong Kong) Limited (the Successor Corporation to Sin Hua Bank Limited pursuant to the Bank of China (Hong Kong) Limited (Merger) Ordinance, Cap. 1167) (“Petitioner”)

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AND

HCB 1632/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO 1632 OF 2014

____________

Re: Chu Lok Ting Dicky (朱洛霆) (“Debtor”)
Ex parte: Bank of China (Hong Kong) Limited (the Successor Corporation to Sin Hua Bank Limited pursuant to the Bank of China (Hong Kong) Limited (Merger) Ordinance, Cap. 1167) (“Petitioner”)

____________

(HEARD TOGETHER)
Before: Hon Ng J in Court
Date of Hearing: 17 December 2014
Date of Judgment: 12 January 2015

_________________________

J U D G M E N T

_______________________

Introduction

1. There are two bankruptcy Petitions both dated 5 March 2014 (“Petitions”) presented by Bank of China (Hong Kong) Limited (“Bank”) against Madam Wong Mui Kuen Joanna (“Madam Wong”) and Mr Chu Lok Ting Dicky (“Mr Chu”) who are husband and wife (collectively “Debtors”). The Petitions were served personally on the Debtors on 20 March 2014.

2. The Petitions are based on the Debtors’ non-compliance with two Statutory Demands both dated 18 November 2013 (“Statutory Demands”) and served personally on them on 17 December 2013. The Statutory Demand on Madam Wong was in the sum of over HK$2.7 million and was founded on a default judgment obtained by the Bank on 7 December 2012 in HCA1192 of 2012 (“1st Judgment”). The Statutory Demand on Mr Chu was in the sum of over HK$2.4 million and was founded on a default judgment obtained by the Bank on 10 September 2009 in HCA1245 of 2009 (“2nd Judgment”).

3. It is common ground that the principal borrower is a company by the name Tung Wing Industrial International Company Limited (“Tung Wing”) whose indebtedness to the Bank under various facilities was over HK$9 million. Mr Chu and Madam Wong are two of the mortgagors who have mortgaged their property to secure Tung Wing’s indebtedness to the Bank. In addition, Mr Chu is one of the guarantors of Tung Wing’s indebtedness to the Bank. It can be seen from the attachment to the Statutory Demand on Mr Chu that he has at various times made partial repayments of his Judgment debt which was originally over HK$7.8 million. His last repayment of HK$770,000 was made in February 2013 and was applied by the Bank to reduce the indebtedness of both Debtors.

4. Neither of the Debtors has applied to set aside the Judgments or the Statutory Demands.

5. The Petitions are opposed by the Debtors.

Deliberation

6. I shall first remind myself of the applicable legal principles.

7. In order to successfully oppose the Petition, a debtor has to show a bona fide dispute on substantial grounds, by sufficiently precise evidence which is believable, and must establish that he actually has a defence of substance, not just a fair probability of one: Hong Kong Bankruptcy...

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