RE LUO XING JUAN ANGELA

RE LUO XING JUAN ANGELA

The petition was dismissed because the petitioner failed to take all reasonable steps to bring the statutory demand to the debtor's attention and to effect personal service as required by rules 46 and 49; the service regime was therefore irregular and the petition rendered defective, and the existence and later annulment of the prior bankruptcy did not validate the defective service.

Citation
[2019] HKCFI 2674
Parties
Creditor (petitioner): CHEN LU KUEI; Debtor: LUO XING JUAN ANGELA; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 2019
Case Number
HCB1418/2019
Procedural Posture
Bankruptcy Petition / Judgment on Petition
Outcome
Bankruptcy petition dismissed
Legal Topics
Statutory Demand, Service of Statutory Demand, Annulment of Bankruptcy, Substituted Service, Costs
Source Language
EN
Insolvency Bankruptcy Civil Procedure Service of Process Statutory Demand Service of Statutory Demand Annulment of Bankruptcy Substituted Service +1 more

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Parties

CHEN LU KUEI

Creditor (petitioner)

LUO XING JUAN ANGELA

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Judgment on Petition

Legal Issues

  1. 1 Whether a statutory demand could validly be issued and served while a prior bankruptcy order existed and the effect of subsequent annulment
  2. 2 Whether the petitioner took all reasonable steps to serve the statutory demand personally and/or by permissible substituted means under the Bankruptcy Rules
  3. 3 Whether failure to comply with service requirements rendered the petition defective and required dismissal

Ratio Decidendi

The petition was dismissed because the petitioner failed to take all reasonable steps to bring the statutory demand to the debtor's attention and to effect personal service as required by rules 46 and 49; the service regime was therefore irregular and the petition rendered defective, and the existence and later annulment of the prior bankruptcy did not validate the defective service.

Court Disposition

Bankruptcy petition dismissed

Orders

  • Petition dismissed.
  • Order nisi that the creditor pay the debtor her costs of the petition.