|
HCB006374/2001
HCB 6374/2001
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
BANKRUPTCY PROCEEDINGS NO. 6374 OF 2001
____________
Re: WARNE YAN WAI DAVID ("the Debtor")
EX PARTE: THE LAW SOCIETY OF HONG KONG
____________
Coram: Hon Kwan J in Court
Date of Hearing: 7 January 2002
Date of Judgment: 7 January 2002
_______________
J U D G M E N T
_______________
1. This petition is brought by The Law Society of Hong Kong based on an order of the Solicitors Disciplinary Tribunal for costs against the debtor made on 17 March 2000. The costs were subsequently taxed in High Court proceedings entitled HCMP No. 3127 of 2000 and the Registrar has allowed costs at HK$354,607.00 with interest thereon.
2. On 12 April 2001, the Petitioner served a statutory demand on the debtor by advertising the same in a newspaper. On 15 August 2001, the petition was filed and an order for substituted service was obtained on 24 October 2001. That order has been complied with.
3. The debtor has opposed the petition when the matter came before a master who accordingly adjourned the petition to a judge. On 24 December 2001 when the petition was heard by Deputy Judge Lam, the debtor informed the court that he intended to apply for an interim order. The petition was adjourned today for the debtor to file and serve an application for an interim order by 4 January 2002. No such application has been filed by the debtor, instead he wrote to the petitioner's solicitors on 5 January 2002 stating that upon further consideration, he has decided not to oppose the bankruptcy petition.
4. In the circumstances, I make a bankruptcy order against the debtor with costs to the petitioner, including all the costs reserved on 28 November 2001, 5 and 24 December 2001.
|
(S. Kwan) |
|
Judge of the Court of First Instance, High Court |
Representation:
Mr George C L Sit of Messrs Boase, Cohen & Collins, for the
Petitioner
The Debtor, Warne Yan Wai David, in person, absent
Mrs M Lam, for Official Receiver's Office
|