KO CHI KEUNG v. LEE PING YAN ANDREW

HCB 8889/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPCTY PROCEEDINGS NO. 8889 OF 2001

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J U D G M E N T

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1. This petition was brought on the basis of a judgment debt for HK$7,125,000 obtained in High Court Action No. 9947 of 2000 on 11 June 2001. A statutory demand was served personally on the debtor Mr Wong Chun Hung on 19 July 2001. The debt demanded including interest calculated up to July 2001 came up to HK$9,286,880.20.

2. The debtor appealed against the decision of the Master giving summary judgment in the High Court Action to a Judge in Chambers and on 8 October 2001, the appeal was dismissed by Recorder G Li, SC. On 15 October 2001, the petition herein was filed and it was served personally on the debtor on 20 November 2001. When the matter first came before me on 21 January 2002, I was informed by the solicitors for the debtor that an appeal had been lodged against the decision of the learned Recorder and the appeal was to be heard on 16 May 2002.

3. Having considered the grounds of the appeal in the Notice of Appeal, I adjourned the petition until after the determination of the Court of Appeal in CACV No. 3385 of 2001. On 14 March 2002, Mayo VP made an order in the civil appeal requiring the debtor to give security for costs of the appeal by making a payment into Court of HK$100,000 within 14 days and in default of the security given within the time stipulated, the appeal is to stand dismissed without further order.

4. The debtor has not complied with the order of Mayo VP and the appeal has been dismissed. On 3 April 2002, the petitioner has applied to restore the petition before me. I understand from the solicitors for the debtor that they have no instructions to contest the petition given the state of affairs.

5. In the circumstances, I make a bankruptcy order with costs to the petitioner.