DBS BANK (HONG KONG) LTD v. NG HI YIN HYDI

DBS BANK (HONG KONG) LTD v. NG HI YIN HYDI

The petitions were dismissed because the petitioner failed to comply with r.46(2) by not taking all reasonable steps to bring the Statutory Demands to the debtors' attention: after failing to effect personal service at Hong Kong addresses the petitioner knew of related PRC guarantors and a 2009 restructuring such that simple inquiries (letters/faxes/phone calls) to PRC premises or to the liquidators could reasonably have been made and might have led to personal service; the petitioner did not establish those steps would have been futile.

Citation
DBS BANK (HONG KONG) LTD v. NG HI YIN HYDI
Parties
Creditor: DBS Bank (Hong Kong) Limited; Debtor: Ng Hi Yin Hydi; Debtor: Lee Yuk Lan; Debtor: Ng Yuen Kwan; Debtor: Lam Wing Lin; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 2012
Case Number
HCB15655/2009
Procedural Posture
Bankruptcy Proceedings / Reasons for Judgment (dismissal for Defective Service)
Outcome
All four petitions dismissed for defective service
Legal Topics
Service of Statutory Demand, Personal Service, Constructive/advertisement Service, Burden of Proof on Service, Undue Influence (allegation), Debt Restructuring
Source Language
EN
Bankruptcy Civil Procedure Guarantee and Suretyship Service of Statutory Demand Personal Service Constructive/advertisement Service Burden of Proof on Service Undue Influence (allegation) +1 more

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Parties

DBS Bank (Hong Kong) Limited

Creditor

Ng Hi Yin Hydi

Debtor

Lee Yuk Lan

Debtor

Ng Yuen Kwan

Debtor

Lam Wing Lin

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Reasons for Judgment (dismissal for Defective Service)

Legal Issues

  1. 1 Whether the Statutory Demands were validly served under r.46(2) of the Bankruptcy Rules (Cap.6A)
  2. 2 Whether the petitioner took all reasonable steps to bring the Statutory Demands to the debtors' attention including use of known PRC addresses and liquidators' contact details
  3. 3 Allocation of burden of proof on service challenges

Ratio Decidendi

The petitions were dismissed because the petitioner failed to comply with r.46(2) by not taking all reasonable steps to bring the Statutory Demands to the debtors' attention: after failing to effect personal service at Hong Kong addresses the petitioner knew of related PRC guarantors and a 2009 restructuring such that simple inquiries (letters/faxes/phone calls) to PRC premises or to the liquidators could reasonably have been made and might have led to personal service; the petitioner did not establish those steps would have been futile.

Court Disposition

All four petitions dismissed for defective service

Orders

  • Costs to each debtor to be taxed if not agreed
  • Costs to be taxed on party-and-party basis