Re: WARNE YAN WAI DAVID and EX PARTE: THE LAW SOCIETY OF HONG KONG

Re: WARNE YAN WAI DAVID and EX PARTE: THE LAW SOCIETY OF HONG KONG

Because the statutory demand was validly served (by substituted service in accordance with court order), the costs debt had been taxed at HK$354,607.00, and the debtor failed to file the intended interim application and elected not to oppose the petition, the court was entitled to make a bankruptcy order against the debtor and award costs to the petitioner.

Citation
Re: WARNE YAN WAI DAVID and EX PARTE: THE LAW SOCIETY OF HONG KONG
Parties
Petitioner: The Law Society of Hong Kong; Debtor: Warne Yan Wai David; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 2002
Case Number
HCB6374/2001
Procedural Posture
Bankruptcy Proceedings / Hearing Judgment (bankruptcy Order Made)
Outcome
Bankruptcy order made against the debtor
Legal Topics
Bankruptcy Order, Statutory Demand, Substituted Service, Costs Taxation, Interim Order Application
Source Language
EN
Bankruptcy Insolvency Civil Procedure Bankruptcy Order Statutory Demand Substituted Service Costs Taxation Interim Order Application

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Parties

The Law Society of Hong Kong

Petitioner

Warne Yan Wai David

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Hearing Judgment (bankruptcy Order Made)

Legal Issues

  1. 1 Validity of substituted service
  2. 2 Failure to comply with statutory demand
  3. 3 Whether to grant interim order

Ratio Decidendi

Because the statutory demand was validly served (by substituted service in accordance with court order), the costs debt had been taxed at HK$354,607.00, and the debtor failed to file the intended interim application and elected not to oppose the petition, the court was entitled to make a bankruptcy order against the debtor and award costs to the petitioner.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order made against Warne Yan Wai David
  • Costs awarded to the petitioner including all costs reserved on 28 November 2001, 5 December 2001 and 24 December 2001