RE MICHAEL HEATH NATHAN JOHNSON

RE MICHAEL HEATH NATHAN JOHNSON

The Receiving Order was set aside because the evidence established that the debtor was not ordinarily resident in Hong Kong nor had a dwelling house in the year before presentation of the petition, rendering the petition falsely based; consequently the Receiving Order and adjudication were discharged and costs were awarded against the petitioning creditor, and the court required inquiry into the Official Receiver's use of the term 'abscond'.

Citation
RE MICHAEL HEATH NATHAN JOHNSON
Parties
Petitioner (creditor): The Hongkong and Shanghai Banking Corporation Limited; Debtor (bankrupt/applicant): Michael Heath Nathan Johnson; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 1996
Case Number
HCB932/1995
Procedural Posture
Bankruptcy / Application to Rescind Receiving Order (rescission Hearing)
Outcome
Receiving Order set aside; adjudication annulled; costs awarded against the petitioning creditor in favour of the Official Receiver and the Applicant (debtor).
Legal Topics
Receiving Order, Ordinary Residence, Costs, Official Receiver Report
Source Language
EN
Bankruptcy Civil Procedure Receiving Order Ordinary Residence Costs Official Receiver Report

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Parties

The Hongkong and Shanghai Banking Corporation Limited

Petitioner (creditor)

Michael Heath Nathan Johnson

Debtor (bankrupt/applicant)

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Application to Rescind Receiving Order (rescission Hearing)

Legal Issues

  1. 1 Whether the debtor was ordinarily resident in Hong Kong or had a dwelling house in Hong Kong within one year before presentation of the petition
  2. 2 Whether the Receiving Order was validly made or should be set aside as based on false premises
  3. 3 Whether the Official Receiver's report describing the debtor as having 'absconded' was justified and requires investigation

Ratio Decidendi

The Receiving Order was set aside because the evidence established that the debtor was not ordinarily resident in Hong Kong nor had a dwelling house in the year before presentation of the petition, rendering the petition falsely based; consequently the Receiving Order and adjudication were discharged and costs were awarded against the petitioning creditor, and the court required inquiry into the Official Receiver's use of the term 'abscond'.

Court Disposition

Receiving Order set aside; adjudication annulled; costs awarded against the petitioning creditor in favour of the Official Receiver and the Applicant (debtor).

Orders

  • Set aside the Receiving Order made in respect of Michael Heath Nathan Johnson
  • Adjudication annulled