DBS BANK (HONG KONG) LTD v. LAM WING LIN

DBS BANK (HONG KONG) LTD v. LAM WING LIN

The petitioner failed to comply with Bankruptcy Rules r.46(2) because it did not take all reasonable steps to bring the statutory demands to the debtors' attention (notably it failed to use known PRC contacts and the liquidators of Diorva HK to attempt contact); the defective service warranted dismissal of all four petitions.

Citation
DBS BANK (HONG KONG) LTD v. LAM WING LIN
Parties
Creditor: DBS Bank (Hong Kong) Limited; Debtor: Ng Hi Yin Hydi; Debtor: Lee Yuk Lan; Debtor: Ng Yuen Kwan; Debtor: Lam Wing Lin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 2012
Case Number
HCB15658/2009
Procedural Posture
Bankruptcy / Hearing and Judgment (petitions Dismissed for Defective Service)
Outcome
All four bankruptcy petitions dismissed for defective service
Legal Topics
Service of Statutory Demand, Personal Service, Advertisement Service, Last‑known Address, Burden of Proof, Undue Influence (allegation), Costs Taxation
Source Language
EN
Bankruptcy Civil Procedure Insolvency Contract Guarantees Service of Statutory Demand Personal Service Advertisement Service Last‑known Address +3 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

Procedural Posture

Bankruptcy / Hearing and Judgment (petitions Dismissed for Defective Service)

Legal Issues

  1. 1 Whether the statutory demands were validly served under r.46(2) of the Bankruptcy Rules
  2. 2 Whether the petitioner took all reasonable steps to bring the statutory demands to the debtors' attention (personal service or alternatives)
  3. 3 Whether known PRC addresses/contacts and liquidators ought to have been used to contact the debtors

Ratio Decidendi

The petitioner failed to comply with Bankruptcy Rules r.46(2) because it did not take all reasonable steps to bring the statutory demands to the debtors' attention (notably it failed to use known PRC contacts and the liquidators of Diorva HK to attempt contact); the defective service warranted dismissal of all four petitions.

Court Disposition

All four bankruptcy petitions dismissed for defective service

Orders

  • All four petitions dismissed
  • Costs to each debtor to be taxed if not agreed