RE SARAH TONG KWOK HON WAH

RE SARAH TONG KWOK HON WAH

Because service of the bankruptcy notice and petition had been properly proved at the time the receiving order was made and the court therefore had jurisdiction, subsequent discovery that the bankrupt was abroad at the time of posting does not render the proceedings void; absent grounds showing rescission would benefit creditors or that the bankrupt can pay debts, the application to rescind must be dismissed.

Citation
RE SARAH TONG KWOK HON WAH
Parties
Petitioner: Wing Lung Bank Limited; Bankrupt/debtor: Sarah Tong Kwok Hon Wah alias Kwok Hon Wah Sarah; Applicant/respondent: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 1988
Case Number
HCB186/1985
Procedural Posture
Bankruptcy / Application to Rescind Receiving and Adjudication Orders
Outcome
Application by Official Receiver dismissed; receiving and adjudication orders upheld.
Legal Topics
Service by Post, Rescission of Receiving Order, Act of Bankruptcy, Jurisdiction at Time of Hearing, Deemed Service
Source Language
EN
Bankruptcy Civil Procedure Jurisdiction Service of Process Service by Post Rescission of Receiving Order Act of Bankruptcy Jurisdiction at Time of Hearing +1 more

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Parties

Wing Lung Bank Limited

Petitioner

Sarah Tong Kwok Hon Wah alias Kwok Hon Wah Sarah

Bankrupt/debtor

Official Receiver

Applicant/respondent

Procedural Posture

Bankruptcy / Application to Rescind Receiving and Adjudication Orders

Legal Issues

  1. 1 Whether service by post at the debtor's last known Hong Kong address when the debtor was actually abroad invalidates the bankruptcy proceedings
  2. 2 Whether later discovery that the bankrupt was absent at time of service renders proceedings a nullity
  3. 3 Whether the receiving order and adjudication order should be rescinded/annulled

Ratio Decidendi

Because service of the bankruptcy notice and petition had been properly proved at the time the receiving order was made and the court therefore had jurisdiction, subsequent discovery that the bankrupt was abroad at the time of posting does not render the proceedings void; absent grounds showing rescission would benefit creditors or that the bankrupt can pay debts, the application to rescind must be dismissed.

Court Disposition

Application by Official Receiver dismissed; receiving and adjudication orders upheld.

Orders

  • Application to rescind receiving order and annul adjudication order dismissed; existing receiving and adjudication orders remain in force.