RE YU KWAN YAU

HCB 4758/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPCTY PROCEEDINGS NO. 4758 OF 2006

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J U D G M E N T

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1.  This petition was presented by the Bank of China (Hong Kong) Limited against Yu Kwan Yau, based on the judgment debt in the aggregate sum of HK$11,646,956.88 and US$1,090,621.53, under a judgment obtained in High Court Action No. 664 of 2004 on 13 October 2004.

2.  A statutory demand for the above debt was served by advertisement in a newspaper on 27 July 2005.  This petition was presented on 15 June 2006 and served on the debtor personally on 24 June 2006.

3.  On 20 July 2006, a notice to act for the debtor was filed by his solicitors.  On 26 August 2006, the debtor’s solicitors filed a notice of intention to oppose the petition, stating that the ground of opposition was that the writ in the High Court Action aforesaid was not properly served on the debtor and that steps are being taken to set aside the default judgment.  On that ground, the debtor would seek an adjournment of the petition pending the outcome of his intended application in the High Court Action.

4.  On 31 August 2006, a notice to act in person was filed by the debtor in these proceedings. 

5.  The debtor has not appeared today, nor has he filed any evidence in opposition of the petition.

6.  I understand from the petitioner’s solicitors that no application has been taken out in the High Court Action to set aside the default judgment.

7.  I am not prepared to adjourn the petition.  I make a bankruptcy order against the debtor.  The petitioner’s costs are to be paid out of the bankrupt’s estate.