RE FUNG CHAU WON t/a CHI SHING CO

RE FUNG CHAU WON t/a CHI SHING CO

The court found the petitioner had taken all reasonable steps under the Bankruptcy Rules to bring the statutory demand and petition to the debtor's attention; substituted service was properly ordered and executed and therefore the petition was duly served. High Court Rule O.10 r.1 does not apply to bankruptcy proceedings. The debtor was insolvent and the application was inordinate delayed; accordingly the bankruptcy order was not irregular and the rescission application was dismissed.

Citation
RE FUNG CHAU WON t/a CHI SHING CO
Parties
Petitioner / Judgment Creditor: HKCB Finance Limited; Bankrupt / Applicant: Fung Chau Won trading as Chi Shing Company; Official Receiver (excused From Attendance): Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 June 2004
Case Number
HCB6785/2001
Procedural Posture
Bankruptcy / Application to Rescind Bankruptcy Order Under Section 98
Outcome
Application dismissed
Legal Topics
Service of Process, Substituted Service, Statutory Demand, Rescission of Bankruptcy Order, Jurisdiction, Delay
Source Language
EN
Bankruptcy Civil Procedure Service of Process Substituted Service Statutory Demand Rescission of Bankruptcy Order Jurisdiction Delay

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Parties

HKCB Finance Limited

Petitioner / Judgment Creditor

Fung Chau Won trading as Chi Shing Company

Bankrupt / Applicant

Official Receiver

Official Receiver (excused From Attendance)

Procedural Posture

Bankruptcy / Application to Rescind Bankruptcy Order Under Section 98

Legal Issues

  1. 1 Whether the bankruptcy order was irregular for lack of proper service of the statutory demand and petition
  2. 2 Whether petitioner took all reasonable steps to bring the demand and petition to debtor's attention
  3. 3 Whether High Court Rules on service (O.10 r.1) apply to bankruptcy proceedings

Ratio Decidendi

The court found the petitioner had taken all reasonable steps under the Bankruptcy Rules to bring the statutory demand and petition to the debtor's attention; substituted service was properly ordered and executed and therefore the petition was duly served. High Court Rule O.10 r.1 does not apply to bankruptcy proceedings. The debtor was insolvent and the application was inordinate delayed; accordingly the bankruptcy order was not irregular and the rescission application was dismissed.

Court Disposition

Application dismissed

Orders

  • Application to rescind the bankruptcy order dismissed
  • Costs to petitioner to be taxed if not agreed