Re Si Rong Bin

HCB 7910/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. 7910 OF 2016

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J U D G M E N T

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1.This petition is on the basis of a default judgment entered against the debtor in High Court Action 452/2016.

2.The debtor has received the writ of summons in the High Court Action and filed an acknowledgement with this court.  The acknowledgement was received on 10 March 2016.

3.The debtor has not made proper use of the previous adjournment for him to set aside the default judgment in the High Court Action.  He did not file any affirmation in support of that application.

4.That application was heard on 24 February 2017, but his solicitors only asked for a memorandum of indebtedness on 23 February 2017 from the petitioner’s solicitors when they had begun acting for the debtor since 10 February.

5.The affirmation now filed to support the present (third) application to set aside the judgment is also devoid of any solid ground for setting aside the judgment. 

6.The debtor, by his open offer of settlement letter dated 10 February 2017, promised to make full payment to the petitioner of the judgment debt, interest and costs, by 1 August 2017.  If the debtor is not indebted to the petitioner., I cannot see why he would have made the offer.

7.Taking all the above into consideration, I hold that the debtor has no defence to the petition.

8.I therefore make the usual bankruptcy order with costs against him.

Mr Fung Ying Wai, of Mayer Brown JSM, for the petitioner

Mr Harrison Cheung, instructed by Lui & Law, for the debtor

Mr Henry Hung, of Official Receiver