Re: Pow Sing Kam, Robert v. Ex Parte: The Mirage Casino Hotel

HCB000672/1995

IN THE SUPREME OF HONG KONG

BANKRUPTCY NO.B672/1995

---------------

Coram : Hon. Ryan, J. (in Chambers)

Date of Hearing : 1 December 1995

Date of judgment : 1 December 1995

----------------------

J U D G M E N T

----------------------

Ryan, J.:

1. This is an appeal against the decision of Master Canon dismissing the appellant's application to set aside a Bankruptcy Notice.

2. The grounds of appeal which were prepared by the appellant complain that the Master did not give sufficient consideration to the appellant's claim to have been the agent of his employer Mr C.C. Lee on the occasion when the respondent, The Mirage Casino-Hotel, advanced $200,000 to him, the receipt of which being acknowledged by a credit note.

3. He says today that he had played at the casino for and on behalf of Mr C.C. Lee and not in his own capacity and that this was a fact known and acknowledged by the casino management.

4. The respondent not surprisingly has taken issue with these claims and states that no such arrangement was entered into and indeed would never be entered into in this way.

5. It has to be noted that Mr C.C. Lee who remains out of the jurisdiction is heavily indebted to the respondent. I do not consider that the statements that he has made in his letters in anyway raises a doubt about the appellant being the principal debtor and the man responsible for the money now owing to the casino. There is no merit in this appeal and it is dismissed. The costs of the appeal will be to the respondent.

(T.J. Ryan)

Judge of the High Court

Representation:

Appellant Mr Robert Pow Sing Kam in person

Miss Vivian Lau of Baker & McKenzie for Respondent