RE DENG JIANG

RE DENG JIANG

The court made a usual bankruptcy order because the debtor failed to comply with a properly served statutory demand and thereby was deemed insolvent; the debtor failed to raise a bona fide dispute on substantial grounds and failed to rebut that one or more jurisdictional gateways under s.4 BO (ordinary residence and carrying on business) were satisfied, and procedural objections to service and late additional evidence were rejected as without merit or dilatory.

Citation
[2024] HKCFI 2260
Parties
Petitioner: Gong Hua (龔華); Debtor: Deng Jiang (鄧江); Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 August 2024
Case Number
HCB181/2024
Procedural Posture
Bankruptcy / Bankruptcy Petition Presented; Usual Bankruptcy Order Made After Hearings (3rd Callover)
Outcome
Usual bankruptcy order made against the Debtor
Legal Topics
Statutory Demand, Service of Process, Jurisdictional Gateways Under S.4 Bankruptcy Ordinance, Security for Costs, Bona Fide Dispute Test
Source Language
EN
Bankruptcy Law Civil Procedure Conflict of Laws/enforcement Arbitration Enforcement Statutory Demand Service of Process Jurisdictional Gateways Under S.4 Bankruptcy Ordinance Security for Costs +1 more

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Parties

Gong Hua (龔華)

Petitioner

Deng Jiang (鄧江)

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Bankruptcy Petition Presented; Usual Bankruptcy Order Made After Hearings (3rd Callover)

Legal Issues

  1. 1 Whether the debtor failed to comply with a statutory demand and is therefore insolvent
  2. 2 Whether the court has jurisdiction under s.4 of the Bankruptcy Ordinance (domicile, ordinary residence, place of residence, carrying on business)
  3. 3 Whether service of the statutory demand complied with Bankruptcy Rules r.46(2) and Practice Direction PD 3.1

Ratio Decidendi

The court made a usual bankruptcy order because the debtor failed to comply with a properly served statutory demand and thereby was deemed insolvent; the debtor failed to raise a bona fide dispute on substantial grounds and failed to rebut that one or more jurisdictional gateways under s.4 BO (ordinary residence and carrying on business) were satisfied, and procedural objections to service and late additional evidence were rejected as without merit or dilatory.

Court Disposition

Usual bankruptcy order made against the Debtor

Orders

  • Usual bankruptcy order made against Deng Jiang (鄧江)
  • Security Summons for security for costs dismissed with costs assessed at HK$10,000 payable by the Debtor