RE: YAU CHI HANG and EX-PARTE: CALTEX OIL HONG KONG LTD., A JUDGMENT CREDITOR

RE: YAU CHI HANG and EX-PARTE: CALTEX OIL HONG KONG LTD., A JUDGMENT CREDITOR

Bankruptcy orders were annulled because the petitioner had actual knowledge of the debtors' new address and failed to attempt service there, the supporting affirmations were misleading about the availability of any other address, the statutory requirements of r46(2) were not satisfied, and the court would have declined leave to file under r49(9); therefore the orders ought not to have been made under s33(1)(a).

Citation
RE: YAU CHI HANG and EX-PARTE: CALTEX OIL HONG KONG LTD., A JUDGMENT CREDITOR
Parties
Judgment Creditor / Petitioner: Caltex Oil Hong Kong Limited; Debtor: Yau Chi Hang; Debtor: Leung Chi Wang; Debtor: Mak Tsz Lok; Interested Office (neutral Stance): Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 2001
Case Number
HCB4395/2000
Procedural Posture
Bankruptcy / Annulment Applications Following Bankruptcy Orders (decision on Annulment)
Outcome
Bankruptcy orders against Yau Chi Hang, Leung Chi Wang and Mak Tsz Lok annulled
Legal Topics
Service of Statutory Demand, Substituted Service, Proof of Service, Annulment of Bankruptcy Order, Misleading Affirmations
Source Language
EN
Bankruptcy Civil Procedure Insolvency Law Evidence Service of Statutory Demand Substituted Service Proof of Service Annulment of Bankruptcy Order +1 more

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Parties

Caltex Oil Hong Kong Limited

Judgment Creditor / Petitioner

Yau Chi Hang

Debtor

Leung Chi Wang

Debtor

Mak Tsz Lok

Debtor

Official Receiver

Interested Office (neutral Stance)

Procedural Posture

Bankruptcy / Annulment Applications Following Bankruptcy Orders (decision on Annulment)

Legal Issues

  1. 1 Whether the statutory demand and bankruptcy petition were properly served on the debtors in compliance with rule 46(2) of the Bankruptcy Rules
  2. 2 Whether the petitioner misled the court in affirmations by failing to attempt service at the known new address
  3. 3 Whether the bankruptcy orders ought to be annulled under section 33(1)(a) of the Bankruptcy Ordinance

Ratio Decidendi

Bankruptcy orders were annulled because the petitioner had actual knowledge of the debtors' new address and failed to attempt service there, the supporting affirmations were misleading about the availability of any other address, the statutory requirements of r46(2) were not satisfied, and the court would have declined leave to file under r49(9); therefore the orders ought not to have been made under s33(1)(a).

Court Disposition

Bankruptcy orders against Yau Chi Hang, Leung Chi Wang and Mak Tsz Lok annulled

Orders

  • Annulment of the bankruptcy orders made on 21 March 2001 against Yau Chi Hang, Leung Chi Wang and Mak Tsz Lok
  • Order nisi that the Petitioner pay the Debtors' costs of the bankruptcy proceedings including the costs of the Official Receiver and of these applications, with a Certificate for Counsel