Re Yeung Wah Wai

Judgment Date22 April 2021
Neutral Citation[2021] HKCFI 1077
Year2021
Judgement NumberHCB7858/2020
Subject MatterBankruptcy Proceedings
CourtCourt of First Instance (Hong Kong)
HCB7858/2020 RE YEUNG WAH WAI

HCB 7858/2020

[2021] HKCFI 1077

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO 7858 OF 2020

__________________________

RE: YEUNG WAH WAI (楊華偉) Debtor
EX-PARTE: LONG TEAM LIMITED (添朗有限公司) Petitioner

__________________________

Before: Mr Recorder Stewart Wong SC in Court

Date of Hearing: 8 April 2021

Date of Judgment: 22 April 2021

__________________________

JUDGMENT

__________________________


A. INTRODUCTION

1. This is the petition by the petitioner for a bankruptcy order against the debtor. It is alleged that the debtor is justly and truly indebted to the petitioner in the aggregate sum of HK$61,243.63 (as at 14 September 2020). Also before me is an application by the debtor to strike out the bankruptcy petition.

2. On 15 October 2020, a statutory demand for the aforesaid sum was served on the debtor personally. The debtor did not comply with the demand, nor did he take steps to have it set aside.

3. By reason of section 6A(1)(a) of the Bankruptcy Ordinance[1], the debtor appears to be unable to pay the debts comprising the said sum, for the purpose of section 6(2)(c) of that Ordinance.

4. The debtor was formerly a tenant of the petitioner. Disputes arose between them regarding alleged water leakages in the subject premises and unpaid rent, with the result that proceedings were commenced by the petitioner against the debtor in the Lands Tribunal[2], and by the debtor against the petitioner in the District Court.[3]

5. In the Lands Tribunal, by a judgment dated 30 March 2016, the debtor was inter alia ordered to pay the petitioner a total of HK$8,380.69 (being rent, mesne profits, utility charges and costs).

6. At the hearing, the debtor told me that he appealed from the said judgment of the Lands Tribunal to the Court of Appeal sometime in 2017 but the appeal was dismissed. There has been no application for leave to appeal to the Court of Final Appeal.

7. As for the District Court action, by an order dated 24 October 2016, and by a decision dated 15 December 2017, the debtor was ordered to pay costs of HK$200 and HK$500 respectively. The District Court action was dismissed by HH Judge Winnie Tsui on 18 September 2017.

8. The debtor applied for leave to appeal from the judgment of HH Judge Winnie Tsui, which was dismissed by Her Honour on 15 December 2017 and by the Court of Appeal on 26 September 2018[4]. The Court of Appeal awarded costs in the sum of HK$45,000 against the debtor.

9. The Court of Appeal having refused leave to appeal, that is the end of the matter, as the debtor cannot take the matter up to the Court of Final Appeal.[5]

10. The said sum of HK$61,243.63 is made up of four sums referred to in [5], [7] and [8] above (with interest on the costs awarded by the Court of Appeal added), none of which has been paid by the debtor.

11. By a writ dated 3 August 2020 issued in the Court of First Instance[6], the debtor sued the petitioner for breach of contract, being the tenancy agreement between them which was the subject matter of the previous litigations between them, based on alleged water leakages, as well as defamation, based on the defence and the witness statement filed by the petitioner in the District Court action. As confirmed by the debtor before me, the subject matter in this High Court Action, apart from the defamation claim, is the same[7] as those litigated between the parties before. But even for the defamation claim, that arises out of those litigations.

12. On 24 November 2020, the petitioner presented the bankruptcy petition against the debtor.

13. By order dated 17 December 2020, Master Jack Wong struck out the High Court Action.

14. On 23 December 2020, the debtor applied to strike out the order of Master Jack Wong. The application was dismissed by Master Lai on 2 February 2021.

15. Then, on 2 February 2021, the debtor took out another summons in the Court of First Instance, applying for an order setting aside the order of Master Jack Wong. The hearing has been fixed to be heard before Au-Yeung J on 14 April 2021.

16. Also, on 2 February 2021, the debtor issued a summons seeking to strike out the bankruptcy petition, relying on the following grounds:

“1.1 So...

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