RE LAM CHIK SING

RE LAM CHIK SING

Petitioner failed to do all that was reasonable to bring the statutory demand and petition to the applicant's attention (notably by failing to conduct an easily available business registration search and relying solely on an outdated address); therefore service of the statutory demand and petition was defective and the bankruptcy order must be annulled; petitioner ordered to pay indemnity costs and Official Receiver's costs and fees as specified.

Citation
RE LAM CHIK SING
Parties
Applicant: Lam Chik Sing; Petitioner: Hong Kong Chinese Textile Mills Association; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2009
Case Number
HCB9148/2006
Procedural Posture
Bankruptcy / Application to Annul Bankruptcy Order (judgment)
Outcome
Bankruptcy order annulled; bankruptcy petition dismissed; costs awarded against petitioner
Legal Topics
Statutory Demand, Service of Statutory Demand, Substituted Service, Annulment of Bankruptcy Order, Costs (indemnity)
Source Language
EN
Bankruptcy Civil Procedure Service of Process Statutory Demand Service of Statutory Demand Substituted Service Annulment of Bankruptcy Order Costs (indemnity)

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Parties

Lam Chik Sing

Applicant

Hong Kong Chinese Textile Mills Association

Petitioner

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Application to Annul Bankruptcy Order (judgment)

Legal Issues

  1. 1 Whether the statutory demand was served in accordance with rule 46(2) of the Bankruptcy Rules
  2. 2 Whether the petitioner did all that was reasonable to bring the statutory demand and petition to the debtor's attention
  3. 3 Whether substituted service of the petition was properly granted

Ratio Decidendi

Petitioner failed to do all that was reasonable to bring the statutory demand and petition to the applicant's attention (notably by failing to conduct an easily available business registration search and relying solely on an outdated address); therefore service of the statutory demand and petition was defective and the bankruptcy order must be annulled; petitioner ordered to pay indemnity costs and Official Receiver's costs and fees as specified.

Court Disposition

Bankruptcy order annulled; bankruptcy petition dismissed; costs awarded against petitioner

Orders

  • Annulment of the bankruptcy order
  • Bankruptcy petition dismissed