Re: MAK LOK YEE and Ex Parte: HARVARD ADDHAIR TECHNOLOGIES LTD.

Re: MAK LOK YEE and Ex Parte: HARVARD ADDHAIR TECHNOLOGIES LTD.

The court made a bankruptcy order because the debt was established by a judgment and Interim Certificate of Costs amounting to HK$526,874.15, substituted service had been properly effected, and the debtor failed to make payment despite an earlier adjournment and representation of an offered payment that was not...

Source-derived case information.

Citation
Re: MAK LOK YEE and Ex Parte: HARVARD ADDHAIR TECHNOLOGIES LTD.
Parties
Petitioner: Harvard Addhair Technologies Limited (formerly Harvard Hair Weaving (1990) Limited); Debtor: Mak Lok Yee formerly known as Mak Kit Wah, Rosanna; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2002
Case Number
HCB5643/2001
Procedural Posture
Bankruptcy / Bankruptcy Petition Hearing Order Made
Outcome
Bankruptcy order made
Legal Topics
Bankruptcy Petition Under Section 6(4) Bankruptcy Ordinance, Substituted Service, Statutory Demand Exception, Costs Certificate, Interim Certificate of Costs
Source Language
en
Bankruptcy Civil Procedure Costs Bankruptcy Petition Under Section 6(4) Bankruptcy Ordinance Substituted Service Statutory Demand Exception Costs Certificate Interim Certificate of Costs

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Parties

Harvard Addhair Technologies Limited (formerly Harvard Hair Weaving (1990) Limited)

Petitioner

Mak Lok Yee formerly known as Mak Kit Wah, Rosanna

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Bankruptcy Petition Hearing Order Made

Legal Issues

  1. 1 Whether a bankruptcy order should be made under s6(4) of the Bankruptcy Ordinance without a statutory demand where the debtor is believed to have departed or intends to depart
  2. 2 Whether substituted service complied with procedural requirements
  3. 3 Whether an offered but unpaid payment proposal avoids making a bankruptcy order

Ratio Decidendi

The court made a bankruptcy order because the debt was established by a judgment and Interim Certificate of Costs amounting to HK$526,874.15, substituted service had been properly effected, and the debtor failed to make payment despite an earlier adjournment and representation of an offered payment that was not fulfilled, thereby satisfying s6(4) grounds for a petition presented without a statutory demand.

Court Disposition

Bankruptcy order made

Orders

  • Bankruptcy order made against Mak Lok Yee
  • Costs awarded to the petitioner