Re Yeung Wah Wai

CourtHigh Court (Hong Kong)
Judgment Date22 Apr 2021
Neutral Citation[2021] HKCFI 1077
Judgement NumberHCB7858/2020
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

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

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Before: Mr Recorder Stewart Wong SC in Court

Date of Hearing: 8 April 2021

Date of Judgment: 22 April 2021

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JUDGMENT

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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]

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