RE MAN CHI KEUNG

HCB7606/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

IN BANKRUPTCY PROCEEDINGS NO.7606 OF 2004

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J U D G M E N T

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1. I have heard the submission from the debtor, Mr Man and I have read his affirmation to oppose the bankruptcy petition.  Having regard to what is said in the affirmation by the Mr Man referring to the 1997 matter and having heard his submission, I have come to the conclusion that there is no substance to the resistance to the petition.

2. The petitioner had been supplying petroleum on a regular basis to Mr Man and payment had been made pursuant to the supply for a long time, including the period from 1997 up 2003 when, in relation to the July and October 2003 supply, they were not paid and which formed the subject matter of the present petition.

3. It is inconceivable that if there had been substance in the 1997 problem, as now alleged by Mr Man, that there would not be either deduction by Mr Man or refusal by him to pay or even correspondence on this matter.  I do not think that the 1997 matter now alleged by Mr Man would found the basis of either successful cross-action by Mr Man or even a successful set-off by Mr Man against the debt owing under the statutory demand.  

4. There is no bona fide dispute and I therefore make the usual order of petition of bankruptcy against Mr Man together with the usual order of costs.