RE CHAN WING CHI

RE CHAN WING CHI

The petitioner failed to take all reasonable steps to notify the debtor of the statutory demand because the petitioner had sent statements to a fifth address it knew, so service was irregular, the statutory demand was set aside and the petition dismissed with costs to the debtor.

Citation
RE CHAN WING CHI
Parties
Petitioner: THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED; Debtor: CHAN WING CHI; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 May 2002
Case Number
HCB12514/2001
Procedural Posture
Bankruptcy Proceedings / Decision on Petition (judgment)
Outcome
Statutory demand set aside; petition dismissed with costs to the debtor.
Legal Topics
Statutory Demand, Service of Statutory Demand, Bankruptcy Rules R.46(2), Bankruptcy Rules R.49(9)
Source Language
EN
Bankruptcy Civil Procedure Service of Process Statutory Demand Service of Statutory Demand Bankruptcy Rules R.46(2) Bankruptcy Rules R.49(9)

Case Brief

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Parties

THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED

Petitioner

CHAN WING CHI

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Decision on Petition (judgment)

Legal Issues

  1. 1 Whether the petitioner did all that was reasonable to bring the statutory demand to the debtor's attention under r.46(2) of the Bankruptcy Rules
  2. 2 Whether service of the statutory demand was regular and valid
  3. 3 Whether leave to file the petition under r.49(9) affected the validity of service

Ratio Decidendi

The petitioner failed to take all reasonable steps to notify the debtor of the statutory demand because the petitioner had sent statements to a fifth address it knew, so service was irregular, the statutory demand was set aside and the petition dismissed with costs to the debtor.

Court Disposition

Statutory demand set aside; petition dismissed with costs to the debtor.

Orders

  • Statutory demand set aside.
  • Bankruptcy petition dismissed with costs to the debtor.