RE CHU JIARU

RE CHU JIARU

Because the trustees served the summons at the bankrupt's last known Reading address and email derived from the bankrupt's own prior filings and there was prolonged silence, failure to file a notice to act in person and no Hong Kong address for service, the court granted retrospective leave to serve, made an unless order requiring the bankrupt to state within 21 days whether she intends to pursue the section 83 application and attend the substantive hearing, and specified dismissal and costs consequences for non-compliance as a proportionate exercise of case management powers under Order 1B and the underlying objectives in Order 1A.

Citation
[2024] HKCFI 2662
Parties
Petitioner: Madison Pacific Trust Limited; Trustees: Joint and several trustees of the bankrupt's estate; Bankrupt: Chu Jiaru
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2024
Case Number
HCB8394/2020
Procedural Posture
Bankruptcy Proceedings / Interlocutory/case Management Hearing on Trustees' Summons for Unless Order
Outcome
Unless order granted; retrospective leave to serve granted; dismissal of section 83 application ordered as consequence of non-compliance; costs orders made; hearing vacated
Legal Topics
Unless Order, Service Out of Jurisdiction, Retrospective Leave, Order 1 a Underlying Objectives, Order 1 B Case Management Powers, Order 67 Notice to Act in Person, Section 83 Bankruptcy Ordinance
Source Language
EN
Bankruptcy Civil Procedure Service of Process Unless Order Service Out of Jurisdiction Retrospective Leave Order 1 a Underlying Objectives Order 1 B Case Management Powers +2 more

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Parties

Madison Pacific Trust Limited

Petitioner

Joint and several trustees of the bankrupt's estate

Trustees

Chu Jiaru

Bankrupt

Procedural Posture

Bankruptcy Proceedings / Interlocutory/case Management Hearing on Trustees' Summons for Unless Order

Legal Issues

  1. 1 Whether service on the bankrupt by courier to a UK address and by email was effective and whether retrospective leave to serve should be granted under rule 31 of the Bankruptcy Rules
  2. 2 Whether an unless order should be made compelling the bankrupt to state whether she intends to pursue the section 83 application and attend the substantive hearing
  3. 3 Whether failure to comply should result in dismissal of the section 83 application and what cost orders should follow

Ratio Decidendi

Because the trustees served the summons at the bankrupt's last known Reading address and email derived from the bankrupt's own prior filings and there was prolonged silence, failure to file a notice to act in person and no Hong Kong address for service, the court granted retrospective leave to serve, made an unless order requiring the bankrupt to state within 21 days whether she intends to pursue the section 83 application and attend the substantive hearing, and specified dismissal and costs consequences for non-compliance as a proportionate exercise of case management powers under Order 1B and the underlying objectives in Order 1A.

Court Disposition

Unless order granted; retrospective leave to serve granted; dismissal of section 83 application ordered as consequence of non-compliance; costs orders made; hearing vacated

Orders

  • Unless the bankrupt files and serves an affidavit answering whether she intends to pursue the section 83 application and attend the substantive hearing on 14 November 2024 within 21 days of service of this order, the section 83 application dated 18 August 2023 is dismissed
  • Trustees have costs of the section 83 application to be summarily assessed, to be paid first from the bankrupt's estate and reimbursed by the bankrupt after all unsecured creditors are repaid or upon her discharge, whichever is earlier