61044-EN-2008-05-06
RE YUEN OI YEE LISA
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2008
RE YUEN OI YEE LISA
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60954-EN-2008-04-21
RE YUEN OI YEE LISA
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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: 21 April 2008
Date of Judgment: 21 April 2008
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J U D G M E N T
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Hon Rogers VP (giving the judgment of the court):
1. We have heard the parties this morning. It would be impossible for us finally to get to what has happened. But one thing is clear, that the letters written on behalf of the Official Receiver must have caused some consternation with regard to working out our order. Whereas the order that we have made was that if the judgment sum was paid off within seven days, the bankruptcy order would be discharged, once a letter came from the Official Receiver two days later, saying that the total debts were $1.2 million and that the bankruptcy order could not be discharged, one can only understand that that caused tremendous consternation. One could hardly think that a litigant in person would not be thoroughly put off by this letter, which should never have been written. The attempts on behalf of the Official Receiver to correct that, unfortunately, in my view, were not sufficient.
2. So then we are left with what do we do today. It seems to us that the right thing to do is to give Miss Yuen, if she so desires, until the end of this week to have the sum of $529,701 paid off, which the petitioning creditor was complaining has not been paid, and we have heard him this morning. To avoid any confusion, what we are going to say is that if that money is paid into court by 4 pm on Friday this week, then the bankruptcy order will be discharged. That sum can then be transferred to the petitioner’s solicitors without more ado immediately. The money is not to be paid to Miss Lam. It is not to be paid to the solicitors. It is to be paid into court and then there will be no argument as to whether it was from a bad bank account or what it was from.
| (Anthony Rogers) | (Doreen Le Pichon) | (A.R. Suffiad) |
| Vice-President | Justice of Appeal | Judge of the |
Mr Robert Y H Pang, instructed by Messrs JSM, for the Petitioner/Respondent
The Debtor/Appellant, in person
Ms Yip Po-lin, Polly, of the Official Receiver
60738-EN-2008-03-18
RE: YUEN OI YEE LISA
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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.
| (Anthony Rogers) Vice-President | (Doreen Le Pichon) Justice of Appeal | (A.R. Suffiad) Judge of the Court of First Instance |
Mr Robert Y H Pang, instructed by Messrs JSM, for the Petitioner/Respondent
The Debtor/Appellant, in person