INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE

INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE

Service of the statutory demands and of the petitions was irregular and fell well short of the requirements of the Bankruptcy Rules; that irregularity triggered the court's discretion under Rule 49(9) and, compounded by defective service of the petitions, required setting aside the statutory demands (and if necessary the petitions); the petitioner must start afresh and bear the costs of this hearing.

Citation
INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE
Parties
Petitioner/creditor: International Bank of Asia Limited; Debtor/respondent: Ms Cheung Hoi Chu; Debtor/respondent: Mr Tang Ting Kwan; Debtor/respondent: Mr Tang Yiu Hong Eric; Debtor/respondent: Mr Tang Yiu Chuen Eugene
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 December 1998
Case Number
HCB868/1998
Procedural Posture
Bankruptcy / Hearing on Preliminary Issue (service)
Outcome
Statutory demands and petitions set aside; petitioner ordered to start afresh; costs of this hearing to be borne by the petitioner (order nisi)
Legal Topics
Service of Statutory Demand, Service of Petition, Bankruptcy Rules Compliance, Irregular Service, Waiver of Irregularity, Court Discretion to Decline Filing, Procedural Vetting of Petitions
Source Language
EN
Bankruptcy Civil Procedure Service of Statutory Demand Service of Petition Bankruptcy Rules Compliance Irregular Service Waiver of Irregularity Court Discretion to Decline Filing +1 more

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Parties

International Bank of Asia Limited

Petitioner/creditor

Ms Cheung Hoi Chu

Debtor/respondent

Mr Tang Ting Kwan

Debtor/respondent

Mr Tang Yiu Hong Eric

Debtor/respondent

Mr Tang Yiu Chuen Eugene

Debtor/respondent

Procedural Posture

Bankruptcy / Hearing on Preliminary Issue (service)

Legal Issues

  1. 1 Whether service of statutory demands complied with Bankruptcy Rules 46 and 49
  2. 2 Whether service of petitions complied with Bankruptcy Rule 59
  3. 3 Whether irregular service could be cured or waived under Rule 203

Ratio Decidendi

Service of the statutory demands and of the petitions was irregular and fell well short of the requirements of the Bankruptcy Rules; that irregularity triggered the court's discretion under Rule 49(9) and, compounded by defective service of the petitions, required setting aside the statutory demands (and if necessary the petitions); the petitioner must start afresh and bear the costs of this hearing.

Court Disposition

Statutory demands and petitions set aside; petitioner ordered to start afresh; costs of this hearing to be borne by the petitioner (order nisi)

Orders

  • Statutory demands (and if necessary) the petitions are set aside
  • Debtors entitled to an order nisi that the costs of and incidental to this hearing be borne by the Petitioner