RE VONG WUN MAN

RE VONG WUN MAN

The statutory demand was invalidly served because the petitioner failed to take reasonable steps to bring it to the bankrupt’s attention given his known Macau connection (including failure to advertise in Macau); because the petition was founded on that defective statutory demand the bankruptcy order was annulled and the petition dismissed.

Citation
RE VONG WUN MAN
Parties
Petitioner: Industrial and Commercial Bank of China (Asia) Limited formerly known as Union Bank of Hong Kong Limited; Bankrupt (applicant): Vong Wun Man; Official Receiver/trustee in Bankruptcy: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2006
Case Number
HCB11934/2004
Procedural Posture
Bankruptcy / Application to Annul Bankruptcy Order Under Section 33(1)(a) of the Bankruptcy Ordinance
Outcome
Bankruptcy order annulled; bankruptcy petition dismissed.
Legal Topics
Statutory Demand Service, Substituted Service, Annulment of Bankruptcy Order, Advertising and Service Across Jurisdictions, Personal Guarantee Enforcement
Source Language
EN
Insolvency Civil Procedure Service of Process Statutory Demand Service Substituted Service Annulment of Bankruptcy Order Advertising and Service Across Jurisdictions Personal Guarantee Enforcement

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Parties

Industrial and Commercial Bank of China (Asia) Limited formerly known as Union Bank of Hong Kong Limited

Petitioner

Vong Wun Man

Bankrupt (applicant)

Official Receiver

Official Receiver/trustee in Bankruptcy

Procedural Posture

Bankruptcy / Application to Annul Bankruptcy Order Under Section 33(1)(a) of the Bankruptcy Ordinance

Legal Issues

  1. 1 Whether the statutory demand was validly served in compliance with Bankruptcy Rules r.46(2) and r.49(2)
  2. 2 Whether the petitioner took reasonable steps to bring the statutory demand to the debtor’s attention (including advertising in Macau)
  3. 3 Whether defects in service require annulment of the bankruptcy order

Ratio Decidendi

The statutory demand was invalidly served because the petitioner failed to take reasonable steps to bring it to the bankrupt’s attention given his known Macau connection (including failure to advertise in Macau); because the petition was founded on that defective statutory demand the bankruptcy order was annulled and the petition dismissed.

Court Disposition

Bankruptcy order annulled; bankruptcy petition dismissed.

Orders

  • Bankruptcy order annulled
  • Bankruptcy petition dismissed