RE LAU MING

RE LAU MING

Section 4 of the Bankruptcy Ordinance must be interpreted literally; a bankruptcy notice cannot be founded on two separate judgments because doing so would prejudice the debtor's rights (to satisfy one judgment or assert set-off/cross demands) and the defect is not merely formal or amendable; accordingly the amended...

Source-derived case information.

Citation
RE LAU MING
Parties
Debtor: Lau Ming also known as Lau Yat Ming trading as Hong Kong Packets Corporation; Petitioning Creditor: Sin Hua Trust, Savings and Commercial Bank Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 August 1986
Case Number
HCB367/1986
Procedural Posture
Bankruptcy / Application to Set Aside Amended Bankruptcy Notice
Outcome
Application granted; amended bankruptcy notice set aside; costs awarded to the debtor.
Legal Topics
Bankruptcy Notice, Service of Process, Judgment Debts, Amendment
Source Language
en
Bankruptcy Civil Procedure Bankruptcy Notice Service of Process Judgment Debts Amendment

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Parties

Lau Ming also known as Lau Yat Ming trading as Hong Kong Packets Corporation

Debtor

Sin Hua Trust, Savings and Commercial Bank Limited

Petitioning Creditor

Procedural Posture

Bankruptcy / Application to Set Aside Amended Bankruptcy Notice

Legal Issues

  1. 1 Whether a bankruptcy notice can be founded on two judgment debts
  2. 2 Whether the amended bankruptcy notice misstated the amount due
  3. 3 Whether the amended bankruptcy notice was validly served

Ratio Decidendi

Section 4 of the Bankruptcy Ordinance must be interpreted literally; a bankruptcy notice cannot be founded on two separate judgments because doing so would prejudice the debtor's rights (to satisfy one judgment or assert set-off/cross demands) and the defect is not merely formal or amendable; accordingly the amended bankruptcy notice founded on two judgments is invalid and must be set aside.

Court Disposition

Application granted; amended bankruptcy notice set aside; costs awarded to the debtor.

Orders

  • Amended bankruptcy notice set aside.
  • Costs to the debtor.