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HCB8908/2025

Re Lo Kin Man (盧建民), the Debtor; Ex Parte: Wang Wenbo (王文波), the Petitioner

EN

Case Details

Case ReferenceHCB8908/2025
CourtCourt of First Instance of the High Court 高等法院(原訟法庭)
Date Published2026-03-19
LanguageEnglish
NCN[2026] HKCFI 1631
Claimant / ApplicantWang Wenbo (王文波)
Defendant / RespondentLo Kin Man (盧建民)
JudgesHon Linda Chan J
Claimant CounselMr Iu Kwan Yuen
Claimant SolicitorsTony Kan & Co.
Defendant CounselMs Dorothy Tang
Defendant SolicitorsWong & Co.

Judgment Summary

Facts

  • Promissory Note dated 28 March 2025 for HK$500,000 executed by Debtor.
  • Debtor defaulted on repayment by 28 May 2025.
  • Statutory Demand served via WhatsApp on 18 September 2025.
  • Debtor failed to comply with Statutory Demand.
  • Debtor filed late opposition alleging debt was a service fee and Note was sham.
  • Court found Debtor's evidence incredible and contradictory to prior admissions.

Issues

  • Whether Debtor showed bona fide dispute on substantial grounds.
  • Whether Promissory Note was a sham document.
  • Whether service of Statutory Demand and Petition was valid.
  • Whether late filed evidence should be considered.

Outcome

  • Bankruptcy order made against the Debtor.
  • Costs of Petitioner and Official Receiver paid out of Debtor's estate.
  • No order as to Debtor's costs.

Implication

  • Debtors must provide precise, believable evidence to dispute debt.
  • Prior admissions undermine later sham allegations.
  • WhatsApp service valid if established communication channel.
  • Procedural delays in filing evidence are frowned upon.

Laws & Authorities Cited

  • §Bankruptcy Ordinance (Cap. 6), s.6A(1)(a)
  • §Bankruptcy Rules (Cap. 6B), r.46(2)
  • §Bankruptcy Rules (Cap. 6B), r.68
  • §Practice Direction 3.1, §14.2(c)
  • §Re Chan Sze Ming Michael [2025] HKCFI 4401
  • §Re Leung Cherng Jiunn [2016] 1 HKLRD 850