RE WONG LEI KWAN JOANNE also known as WONG LEI KWAN JOANNA

RE WONG LEI KWAN JOANNE also known as WONG LEI KWAN JOANNA

On the evidence, Ms Wong was not ordinarily resident in Hong Kong during the three years prior to presentation of the petition (insufficient actual residence: c.20 days, only four nights); therefore the Bank was not entitled to present the petition under s4(1) and the bankruptcy order of 6 June 2007 was made without...

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Citation
RE WONG LEI KWAN JOANNE also known as WONG LEI KWAN JOANNA
Parties
Bankrupt / Applicant / Debtor: Wong Lei Kwan Joanne (aka Wong Lei Kwan Joanna); Petitioner / Creditor: Bank of China (Hong Kong) Limited; Official Receiver (attendance Excused): Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 March 2008
Case Number
HCB2837/2007
Procedural Posture
Bankruptcy Proceedings / Annulment Application Under Section 33(1)(a) Judgment
Outcome
Bankruptcy order dated 6 June 2007 annulled; petition dismissed
Legal Topics
Ordinary Residence, Substituted Service, Statutory Demand, Default Judgment, Annulment of Bankruptcy Order, Jurisdiction, Costs, Undue Influence
Source Language
en
Bankruptcy Civil Procedure Conflict of Laws (residence) Company Law Service of Process Ordinary Residence Substituted Service Statutory Demand +5 more

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Parties

Wong Lei Kwan Joanne (aka Wong Lei Kwan Joanna)

Bankrupt / Applicant / Debtor

Bank of China (Hong Kong) Limited

Petitioner / Creditor

Official Receiver

Official Receiver (attendance Excused)

Procedural Posture

Bankruptcy Proceedings / Annulment Application Under Section 33(1)(a) Judgment

Legal Issues

  1. 1 Whether the debtor was ordinarily resident in Hong Kong within the 3 years prior to presentation of the petition (s4(1) Bankruptcy Ordinance)
  2. 2 Whether the statutory demand was validly served in accordance with Rule 46(2) of the Bankruptcy Rules
  3. 3 Whether the default judgments were irregular because writs were not valid for service out of jurisdiction and the debtor was not in Hong Kong when issued/served

Ratio Decidendi

On the evidence, Ms Wong was not ordinarily resident in Hong Kong during the three years prior to presentation of the petition (insufficient actual residence: c.20 days, only four nights); therefore the Bank was not entitled to present the petition under s4(1) and the bankruptcy order of 6 June 2007 was made without jurisdiction and must be annulled. Additionally, the writs in the High Court actions were not valid for service out of jurisdiction and Ms Wong was not in Hong Kong when they were issued/served, rendering the default judgments irregular and further supporting annulment. The court exercised its discretion to grant annulment and ordered costs accordingly.

Court Disposition

Bankruptcy order dated 6 June 2007 annulled; petition dismissed

Orders

  • Bankruptcy order dated 6 June 2007 annulled
  • Petition against Ms Wong dismissed consequentially