DBS BANK (HONG KONG) LTD v. LEE YUK LAN

DBS BANK (HONG KONG) LTD v. LEE YUK LAN

The petitions were dismissed because the petitioner failed to comply with r.46(2): after unsuccessful attempts at last‑known Hong Kong addresses it knew of related PRC addresses and the involvement of PRC guarantors and liquidators and did not take reasonable, simple steps (letters, faxes, telephone calls or enquiries with liquidators) to bring the Statutory Demands to the debtors' attention; the failure to show those steps would not have succeeded warranted dismissal with costs.

Citation
DBS BANK (HONG KONG) LTD v. LEE YUK LAN
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
HCB15656/2009
Procedural Posture
Bankruptcy Proceedings / Reasons for Judgment Petitions Heard and Dismissed on Service Grounds
Outcome
All four bankruptcy petitions dismissed for defective service of Statutory Demands under r.46(2) Bankruptcy Rules
Legal Topics
Statutory Demand, Service of Process, All‑monies Guarantee, Undue Influence (alleged), Costs, Burden of Proof on Service
Source Language
EN
Bankruptcy Civil Procedure Contract Law Security and Guarantees Statutory Demand Service of Process All‑monies Guarantee Undue Influence (alleged) +2 more

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 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 Proceedings / Reasons for Judgment Petitions Heard and Dismissed on Service Grounds

Legal Issues

  1. 1 Whether the Statutory Demands were validly served under r.46(2) of the Bankruptcy Rules
  2. 2 Whether the creditor took all reasonable steps to bring the Statutory Demands to the debtors' attention
  3. 3 Allocation of burden of proof on service

Ratio Decidendi

The petitions were dismissed because the petitioner failed to comply with r.46(2): after unsuccessful attempts at last‑known Hong Kong addresses it knew of related PRC addresses and the involvement of PRC guarantors and liquidators and did not take reasonable, simple steps (letters, faxes, telephone calls or enquiries with liquidators) to bring the Statutory Demands to the debtors' attention; the failure to show those steps would not have succeeded warranted dismissal with costs.

Court Disposition

All four bankruptcy petitions dismissed for defective service of Statutory Demands under r.46(2) Bankruptcy Rules

Orders

  • All four petitions dismissed
  • Costs to each debtor to be paid by petitioner, to be taxed if not agreed