We filed a bankruptcy petition against an individual employer (“Madam So”) for outstanding wages owed to her employees upon instructions from the Protection of Wages on Insolvency Fund Board (“Fund Board”) on 18 July 2023. The bankruptcy petition was strenuously contested by Madam So and adjourned before the Judge for substantive hearing.

At the substantive hearing, the first instance Judge fully accepted our submissions that there is no bona fide dispute of debt on substantial grounds and no genuine cross-claim. The debt was a judgment debt pursuant to an Award of the Labour Tribunal, which Madam So had made no attempt to set aside or appeal against throughout. As Madam So expressed clearly that she had no intention to repay the petitioning debt, the Judge granted a usual Bankruptcy Order against Madam So on 2 May 2024. Please refer to the Reason for Decision handed down on 29 May 2024.

Madam So then appealed against the Bankruptcy Order. Recently, her appeal was dismissed by the Court of Appeal as she had made no valid grounds of appeal, whether error of fact or error of law. In any event, the Court of Appeal is satisfied with the detailed analysis of the Judge at the lower court when he exercised the discretion to grant a Bankruptcy Order. The Court sees no good reason to interfere with the Bankruptcy Order. Please refer to the Judgment handed down by the Court of Appeal on 26 March 2025.

On a separate note, since the granting of the Bankruptcy Order, Madam So has entered into our office on three different occasions to protest and caused harassment, nuisance and/or disturbance, and refused to leave. To ensure the safety and convenience of our clients, guests and occupiers at our office at all times, our firm acted swiftly and assertively by applying for an Injunction Order against Madam So and the judge is satisfied that an injunction is warranted and to be granted. Please refer to the Injunction Order dated 28 February 2025.

The injunction application is led by our Partners Mr. Sidney Ho and Mr. Mathew Liu. The bankruptcy proceedings are led by our Associate Ms. Winnie Hui. As a panel law firm of the Fund Board, we have handled over 250 cases in the past two years involving outstanding wages. We take pride in serving the public interest through our specialized insolvency expertise. We strive to provide assistance to employee even at times of facing unreasonable and fierce opponent.