RE GOH MING WOEI

RE GOH MING WOEI

On the facts the court found overwhelming objective evidence (debtor's own affirmations, use of Hong Kong address in proceedings, family residing at the Sai Kung premises, employment permit and service contacts) that the debtor was ordinarily resident in Hong Kong during the relevant three year period, had a place of residence in Hong Kong, and there was no evidence he was absent on the petition date; accordingly the jurisdictional challenge failed and a bankruptcy order was made, with costs ordered nisi on an indemnity basis due to abuse of process.

Citation
RE GOH MING WOEI
Parties
Judgment Creditor / Petitioner: Great Bill Limited; Judgment Debtor / Respondent: Goh Ming Woei
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 October 2013
Case Number
HCB1400/2013
Procedural Posture
Bankruptcy Petition (bankruptcy Proceedings No. 1400 of 2013) / Judgment (order Made)
Outcome
Bankruptcy order made against Goh Ming Woei; order nisi that costs be awarded on an indemnity basis due to abuse of process
Legal Topics
Ordinary Residence, Place of Residence, Statutory Demand, Service by Advertisement, Substituted Service, Abuse of Process, Bankruptcy Order, Presence in Jurisdiction
Source Language
EN
Bankruptcy Civil Procedure Jurisdiction Enforcement of Judgment Ordinary Residence Place of Residence Statutory Demand Service by Advertisement +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Great Bill Limited

Judgment Creditor / Petitioner

Goh Ming Woei

Judgment Debtor / Respondent

Procedural Posture

Bankruptcy Petition (bankruptcy Proceedings No. 1400 of 2013) / Judgment (order Made)

Legal Issues

  1. 1 Whether the debtor was domiciled, present, ordinarily resident or had a place of residence in Hong Kong under s 4(1) of the Bankruptcy Ordinance
  2. 2 Whether the petitioner proved the debtor was present in Hong Kong on the petition presentation date
  3. 3 Whether the debtor's challenges to jurisdiction were sustainable

Ratio Decidendi

On the facts the court found overwhelming objective evidence (debtor's own affirmations, use of Hong Kong address in proceedings, family residing at the Sai Kung premises, employment permit and service contacts) that the debtor was ordinarily resident in Hong Kong during the relevant three year period, had a place of residence in Hong Kong, and there was no evidence he was absent on the petition date; accordingly the jurisdictional challenge failed and a bankruptcy order was made, with costs ordered nisi on an indemnity basis due to abuse of process.

Court Disposition

Bankruptcy order made against Goh Ming Woei; order nisi that costs be awarded on an indemnity basis due to abuse of process

Orders

  • Bankruptcy order made against Goh Ming Woei
  • Order nisi that costs be awarded on an indemnity basis