RE XIAO ZHIYONG

RE XIAO ZHIYONG

On the balance of probabilities the court accepted the Petitioner's witness (Mr Cheng) and rejected the debtor's account; the statutory demand was validly personally served on 18 November 2016 in accordance with the governing authorities and rules, therefore the petition founded on the demand was valid and the debtor's opposition failed.

Citation
[2018] HKCFI 522
Parties
Petitioner/creditor: China Galaxy International Securities (Hong Kong) Co., Limited; Respondent/debtor: Xiao Zhiyong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 March 2018
Case Number
HCB873/2017
Procedural Posture
Bankruptcy Proceedings (bankruptcy Petition Based on Noncompliance With Statutory Demand) / Judgment Following Contested Hearing on Validity of Service of Statutory Demand
Outcome
Petition allowed; debtor's opposition dismissed; usual bankruptcy order to be made against the debtor and order nisi for costs in favour of the Petitioner.
Legal Topics
Statutory Demand, Personal Service of Documents, Service Rules Under RHC O 65 R 2, Creditor's Petition Based on Guarantee, Assessment of Witness Credibility
Source Language
EN
Bankruptcy Civil Procedure Service of Process Commercial Law Statutory Demand Personal Service of Documents Service Rules Under RHC O 65 R 2 Creditor's Petition Based on Guarantee +1 more

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Parties

China Galaxy International Securities (Hong Kong) Co., Limited

Petitioner/creditor

Xiao Zhiyong

Respondent/debtor

Procedural Posture

Bankruptcy Proceedings (bankruptcy Petition Based on Noncompliance With Statutory Demand) / Judgment Following Contested Hearing on Validity of Service of Statutory Demand

Legal Issues

  1. 1 Whether the statutory demand was validly personally served on the debtor on 18 November 2016
  2. 2 Whether defective service renders the bankruptcy petition invalid
  3. 3 What constitutes sufficient communication by a process server where the recipient refuses to accept documents

Ratio Decidendi

On the balance of probabilities the court accepted the Petitioner's witness (Mr Cheng) and rejected the debtor's account; the statutory demand was validly personally served on 18 November 2016 in accordance with the governing authorities and rules, therefore the petition founded on the demand was valid and the debtor's opposition failed.

Court Disposition

Petition allowed; debtor's opposition dismissed; usual bankruptcy order to be made against the debtor and order nisi for costs in favour of the Petitioner.

Orders

  • Usual bankruptcy order against Xiao Zhiyong
  • Order nisi that costs be to the Petitioner, to be taxed if not agreed, with certificate for counsel