Re: Yuen Oi Yee Lisa

CACV 62/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 62 OF 2008

(ON APPEAL FROM HCB NO. 8954 OF 2007)

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RE: YUEN OI YEE LISA

EX PARTE: LAM KIT SEONG MIRANDA

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Before: Hon Rogers VP, Le Pichon JA and Suffiad J in Court

Date of Hearing: 18 March 2008

Date of Judgment: 18 March 2008

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J U D G M E N T

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Hon Rogers VP:

1.This is an appeal against a bankruptcy order which has been made against Miss Yuen and Miss Yuen is a familiar litigant in this court, as is made quite clear.  There have been a restrictive proceedings order and a restrictive application order made against Miss Yuen.  There have been many cases in which Miss Yuen has been involved.  One of those cases was a case which was brought against the petitioner in this case, Miss Miranda Lam, and that case was dismissed.  As a result of that, there was an order for costs and that order for costs has not been satisfied.  As a result, the bankruptcy petition was presented for the sum of $529,701.00.

2.On 27 February, Chung J made the bankruptcy order.  There has been an appeal to this court.  In the course of her submissions - which this court has not sought in any way to curtail - Miss Yuen has referred to a possible claim which has transpired to be statute barred, at the very least, against Miss Lam and so, in the end, that has come to naught. 

3.Miss Yuen has also referred to a possible claim against Miss Lam’s brother.  I say “a possible claim”.  It is a claim which has been transferred to the District Court which appears - and I say no more - to be something of a tentative claim.  It amounts only, however, we were told, to $463,641.00.  That, of course, does not satisfy the judgment sum claimed.  So when this was pointed out to Miss Yuen, she indicated that it was likely that a sum of money was possibly going to come available to her in a very short space of time because her husband was selling a property and proceeds of that, or part of the proceeds of that might be available to her.  Miss Yuen has made inquiries and she has indicated that she is prepared to pay the money which would satisfy the judgment debt. 

4.It seems to me that on the arguments which have been raised, this appeal falls to be dismissed but if Miss Yuen is prepared to pay off the judgment debt and the amount claimed, it seems that it would be fair that the bankruptcy order is discharged without more ado and the order that I would propose is that the order dismissing this appeal should lie in chambers and not be perfected for seven days.  If, in the meantime, the judgment debt is satisfied, then the bankruptcy order will be discharged.  If it is not paid off, the bankruptcy order has to remain. 

Hon Le Pichon JA:

5.I agree.

Hon Suffiad J:

6.I agree also.

Mr Robert Y H Pang, instructed by Messrs JSM, for the Petitioner/Respondent

The Debtor/Appellant, in person