RE LAM YUK KUI

HCB 1785/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. 1785 OF 2015

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REASONS FOR JUDGMENT
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1.  This amended bankruptcy petition (“Petition”) was based on a costs order made by the Court of Appeal against the debtor (“Lam”), which was summarily assessed at HK$100,000 on 10 December 2014. The costs order was awarded after the Court had dismissed Lam’s application for leave to appeal in District Court Civil Action No 4678 of 2013 (“Action”). The creditor (“Powerful Best”) was the plaintiff, and Lam the 1^st defendant, in the Action.

2.  Lam complained that the Action was based on a false case; Powerful Best’s lawyers had misled the court; and his own lawyers had conspired with those acting for Powerful Best.  Lam said that he wanted to appeal to the Court of Final Appeal or to launch a judicial review of the matter.

3.  This court is of the view that there was no legitimate resistance to the Petition.  The proper course for the ventilation of Lam’s grievances in respect of the Action was to appeal.  He had done so and the Court of Appeal had found against him. 

4.  Lam had not shown any proper reason not to abide by the decision of the Court of Appeal.

5.  In the premises, the usual bankruptcy order with costs was made against Lam.