Re Lam Lam

HCB014221/2002

HCB 14221/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPCTY PROCEEDINGS NO. 14221 OF 2002

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Coram: Hon Chung J in Court

Date of Hearing: 15 October 2002

Date of Judgment: 15 October 2002

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J U D G M E N T

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1.This is a petition for the bankruptcy of Madam Lam based on a judgment debt of HK$302, 294.27 together with interest. This debt is undisputed by Madam Lam. However, she contends that the Petitioner owes her about $750,000.00.

2.In relation to this contention, the Petitioner says that Madam Lam owes it another sum of about $4.66 million. This claim of the Petitioner forms the subject matter of HCMP No. 1235 of 2001. Madam Lam denies the claim in that proceeding on the ground of undue influence and misrepresentation.

3.In a bankruptcy petition, it is for the Respondent to establish that the debt is disputed on substantial grounds. The only evidence filed herein by Madam Lam falls far short of that legal requirement. For this reason, I do not consider she has shown that she has a cross-claim which is of substance. There will therefore be the usual bankruptcy order with costs.

Representation:

Mr M Chan, of Messrs Tsang Chan & Wong, for the Judgment Creditor

Mr Simon H W Lam, instructed by Messrs David Hui & Co., for the Debtor

Miss S Chung, of the Official Receiver's Office

Remarks:
Appeal by Debtor to Court of Appeal. Appeal allowed. Please refer to appeal judgment of CACV000396/2002.