IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
BANKRUPTCY PROCEEDINGS NO. 5643 OF 2001
Coram: Hon Kwan J in Court
Date of Hearing: 21 January 2002
Date of Judgment: 21 January 2002
J U D G M E N T
1. This petition was brought by Harvard Addhair Technologies Ltd based on a judgment debt, being an order for costs made in HCA No.4404 of 1996 on 19 November 1999. An Interim Certificate of Costs was issued on 6 April 2001 and the amount of costs payable underthat Certificate with interest thereon calculated up to 11 July 2001 was HK$526,874.15.
2. The petition was presented under section 6(4) of the Bankruptcy Ordinance, Cap. 6. No statutory demand was served on the basis that the petitioner had reasonable grounds for believing that the debtor haddeparted or that she intended to depart from Hong Kong and that she knew or ought reasonably to know that her departure would resultin defeat or delay for her creditors.
3. The petition herein was filed on 30 July 2001 and an order for substituted service of the petition was obtained on 24 October 2001.That order has been complied with.
4. When the matter first came before me on 10 December 2001, I adjourned the matter to today to give the debtor the final opportunityto make payment of the debt in the petition, having been told by the debtor that her father was willing to put up HK$500,000.00 oddto discharge the debt to the petitioner within six weeks. No payment to date has been made by the debtor.
5. In the circumstances, I make a bankruptcy order with costs to the petitioner.
Mr R G Deans of Messrs Bird & Bird, for the Petitioner
Debtor: Mr Mak Lok Yee, acting in person, absent
Mr J Glen, for the Official Receiver