RE WEIR DOUGLAS

RE WEIR DOUGLAS

Given the established judgment debt, compliance with substituted service/publication requirements, and the debtor's admission of inability to pay, the court must make a bankruptcy order and award costs to the petitioner.

Citation
RE WEIR DOUGLAS
Parties
Petitioner/creditor: American Express International, Inc.; Debtor: Weir Douglas; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 2002
Case Number
HCB7531/2002
Procedural Posture
Bankruptcy Petition / Hearing and Bankruptcy Order Made
Outcome
Bankruptcy order made against the debtor Weir Douglas.
Legal Topics
Statutory Demand, Bankruptcy Order, Substituted Service, Costs
Source Language
EN
Insolvency Bankruptcy Civil Procedure Statutory Demand Bankruptcy Order Substituted Service Costs

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Parties

American Express International, Inc.

Petitioner/creditor

Weir Douglas

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Bankruptcy Order Made

Legal Issues

  1. 1 Whether a bankruptcy order should be made on the basis of an existing judgment debt and the debtor's inability to pay
  2. 2 Whether substituted service/statutory demand publication was sufficient and properly effected

Ratio Decidendi

Given the established judgment debt, compliance with substituted service/publication requirements, and the debtor's admission of inability to pay, the court must make a bankruptcy order and award costs to the petitioner.

Court Disposition

Bankruptcy order made against the debtor Weir Douglas.

Orders

  • Bankruptcy order made against the debtor Weir Douglas
  • Petitioner American Express International, Inc. to have the costs of the petition