RE NG YIN MAN, FARWINA

RE NG YIN MAN, FARWINA

Where the original notice enables the debtor to calculate when the bankruptcy notice expired the incorrect dating in the petition is a formal defect and leave to amend may be granted even if the amendment is made after the three month period; where service was by post the petition must reflect the deemed date (seven days after posting) and if the petition does not allow calculation of the effective date the defect is substantive and the petition must be dismissed when the three month period has expired.

Citation
RE NG YIN MAN, FARWINA
Parties
Petitioner: THE CHINA AND SOUTH SEA BANK LIMITED; Debtor: YAM SZE PUI; Debtor: YAN CHUNG KAI trading as KAI KEE PIECEGOODS; Debtor: NG YIN MAN FARWINA; Debtor: YIP KIT WAH; Petitioner: Caltex Oil Hong Kong Limited; Debtor: WONG MIN FOOK trading as YAU LEE; Petitioner: LEE HO KEE trading as HANG LEE COMPANY; Debtor: CHIK YIP FAI; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 November 1985
Case Number
HCB415/1985
Procedural Posture
Bankruptcy / Applications to Amend Petitions Relating to Dates and Service of Bankruptcy Notices
Outcome
Mixed: leave to amend granted in Bkcy Nos. 413, 414, 415, 416 and 634; petition dismissed in Bkcy No. 448; no receiving orders made and some hearings adjourned.
Legal Topics
Amendment of Petitions, Bankruptcy Notice, Service by Post, Order 10 Rule 3, Act of Bankruptcy, Calculation of Notice Period
Source Language
EN
Bankruptcy Civil Procedure Insolvency Amendment of Petitions Bankruptcy Notice Service by Post Order 10 Rule 3 Act of Bankruptcy +1 more

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Parties

THE CHINA AND SOUTH SEA BANK LIMITED

Petitioner

YAM SZE PUI

Debtor

YAN CHUNG KAI trading as KAI KEE PIECEGOODS

Debtor

NG YIN MAN FARWINA

Debtor

YIP KIT WAH

Debtor

Caltex Oil Hong Kong Limited

Petitioner

WONG MIN FOOK trading as YAU LEE

Debtor

LEE HO KEE trading as HANG LEE COMPANY

Petitioner

CHIK YIP FAI

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Applications to Amend Petitions Relating to Dates and Service of Bankruptcy Notices

Legal Issues

  1. 1 Whether an amendment to a petition altering the date of expiry of a bankruptcy notice outside the three month period is permissible
  2. 2 Whether an incorrect or ambiguous date in a petition is a defect of form or substance
  3. 3 Effect of service by post and the deemed date of service under Order 10 rule 3 of the Rules of the Supreme Court

Ratio Decidendi

Where the original notice enables the debtor to calculate when the bankruptcy notice expired the incorrect dating in the petition is a formal defect and leave to amend may be granted even if the amendment is made after the three month period; where service was by post the petition must reflect the deemed date (seven days after posting) and if the petition does not allow calculation of the effective date the defect is substantive and the petition must be dismissed when the three month period has expired.

Court Disposition

Mixed: leave to amend granted in Bkcy Nos. 413, 414, 415, 416 and 634; petition dismissed in Bkcy No. 448; no receiving orders made and some hearings adjourned.

Orders

  • Leave to amend paragraphs specifying dates granted in Bankruptcy Nos. 413/85, 414/85, 415/85 and 416/85
  • Petition in Bankruptcy No. 448/85 dismissed for failure to specify deemed date of service and inability to calculate when notice expired