RE LAM MICHAEL ALAN NIGEL

RE LAM MICHAEL ALAN NIGEL

The application to annul was dismissed: substituted service by advertisement was valid under the Bankruptcy Rules and supported by movement records; jurisdiction under s4(1) was satisfied by the debtor's prior residence and presence in Hong Kong on presentation; any English name discrepancy did not cause substantial injustice under s124; there was no breach of natural justice and the petition debt was payable so the bankruptcy order was properly made.

Citation
RE LAM MICHAEL ALAN NIGEL
Parties
Bankrupt/debtor: Lam Michael Alan Nigel (also known as Nigel Laichong Lam); Judgment Creditor/petitioner: Secretary for Justice; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 May 2002
Case Number
HCB3929/2000
Procedural Posture
Bankruptcy / Decision on Application to Annul Bankruptcy Order (hearing 23 Apr and 17 May 2002)
Outcome
Application to annul the bankruptcy order dismissed
Legal Topics
Substituted Service, Jurisdiction (residence/presence), Annulment of Bankruptcy Order, Name Discrepancy in Proceedings, Duty of Disclosure in Ex Parte Proceedings, Costs
Source Language
EN
Bankruptcy Civil Procedure Data Protection Substituted Service Jurisdiction (residence/presence) Annulment of Bankruptcy Order Name Discrepancy in Proceedings Duty of Disclosure in Ex Parte Proceedings +1 more

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Parties

Lam Michael Alan Nigel (also known as Nigel Laichong Lam)

Bankrupt/debtor

Secretary for Justice

Judgment Creditor/petitioner

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Decision on Application to Annul Bankruptcy Order (hearing 23 Apr and 17 May 2002)

Legal Issues

  1. 1 Whether substituted service by advertisement was valid under the Bankruptcy Rules
  2. 2 Whether the court had jurisdiction under section 4(1) of the Bankruptcy Ordinance
  3. 3 Whether a discrepancy in the debtor's English name rendered the bankruptcy order void

Ratio Decidendi

The application to annul was dismissed: substituted service by advertisement was valid under the Bankruptcy Rules and supported by movement records; jurisdiction under s4(1) was satisfied by the debtor's prior residence and presence in Hong Kong on presentation; any English name discrepancy did not cause substantial injustice under s124; there was no breach of natural justice and the petition debt was payable so the bankruptcy order was properly made.

Court Disposition

Application to annul the bankruptcy order dismissed

Orders

  • Application to annul dismissed
  • Order nisi: petitioner’s costs of the hearing on 23 April 2002 and 17 May 2002 to be paid out of the bankrupt's estate