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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

26 AUG 2013

Sun Legend Investments Ltd v Jade Yuk Kuen Ho [2013] BPIR 532

(District Judge Musgrave, 8 March 2013)

A creditor obtained a judgment against the debtor in Hong Kong for HK$3.6m and presented a bankruptcy petition in reliance upon it. The debtor was resident in England. The debtor argued that the proceedings were an abuse of process because there was no procedure by which to register a Hong Kong judgment in England and Wales. The creditor argued that it was not enforcing a judgment, but enforcing a debt evidenced by the judgment. The district judge allowed the petition to proceed. The creditor was seeking to enforce an admitted debt, and there was no requirement that a bankruptcy petition be based upon a judgment of the English court.

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