RE KWONG NGAI PING

RE KWONG NGAI PING

The court found the Hong Lai Garden address was the debtor's last known usual address, the creditor took reasonable steps (including newspaper advertisement) in compliance with rr46/49 and obtained and executed a substituted service order under r59; the debtor failed to prove any bona fide dispute on substantial grounds or to justify going behind the existing judgment; accordingly the annulment application failed and the bankruptcy order stands.

Citation
RE KWONG NGAI PING
Parties
Bankrupt: Kwong Ngai Ping; Judgment Creditor / Petitioner: Chinachem Finance Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2004
Case Number
HCB9447/2003
Procedural Posture
Bankruptcy Petition / Annulment Application / Application to Annul Bankruptcy Order Heard and Dismissed (reasons for Judgment Handed Down)
Outcome
Application to annul the bankruptcy order dismissed
Legal Topics
Service of Statutory Demand, Substituted Service of Petition, Validity of Judgment Debt, Annulment of Bankruptcy Order, Set Off and Forfeiture of Deposit
Source Language
EN
Bankruptcy Civil Procedure Contract (tenancy) Service of Statutory Demand Substituted Service of Petition Validity of Judgment Debt Annulment of Bankruptcy Order Set Off and Forfeiture of Deposit

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Kwong Ngai Ping

Bankrupt

Chinachem Finance Company Limited

Judgment Creditor / Petitioner

Procedural Posture

Bankruptcy Petition / Annulment Application / Application to Annul Bankruptcy Order Heard and Dismissed (reasons for Judgment Handed Down)

Legal Issues

  1. 1 Whether service of the statutory demand was proper and reasonable under the Bankruptcy Rules
  2. 2 Whether substituted service of the petition was properly ordered and effected
  3. 3 Whether the debtor established a bona fide dispute on substantial grounds to justify going behind the judgment

Ratio Decidendi

The court found the Hong Lai Garden address was the debtor's last known usual address, the creditor took reasonable steps (including newspaper advertisement) in compliance with rr46/49 and obtained and executed a substituted service order under r59; the debtor failed to prove any bona fide dispute on substantial grounds or to justify going behind the existing judgment; accordingly the annulment application failed and the bankruptcy order stands.

Court Disposition

Application to annul the bankruptcy order dismissed

Orders

  • Bankruptcy annulment application dismissed
  • Costs awarded to the petitioner (to be taxed if not agreed)