CHARLES WILLIAM FARRANCE v. KAILAY ENGINEERING CO (HK) LTD

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. HCB 826 OF 1999

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JUDGMENT

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1. The Debtor seeks to raise an allegedly new issue of fact as a basis upon which the debt may be re-opened. The point was however open to the Debtor and was one that could have been taken in the Courts which have held him liable on the debt. For good, bad or indifferent reasons, it was not run and it is now too late to raise this matter before me. There is the conclusive Judgment of the High Court and also the confirmation of the Court of Appeal that these judgment debts are due.

2. I see virtually no prospect of the new point being permitted to be run in the Court of Appeal, although this is of course without prejudice to any attempts that the Debtor may wish to make to re-open the matter. But on matters as they appear before me today, the only point that is raised as a possible basis for re-opening the appeal is one based on alleged evidence that is disputed by the very source of that evidence.

3. In such circumstances I grant the application for a Bankruptcy Order to be made in the usual terms, with costs.