RE YEUNG KWOK YING formerly t/a OWI NIGHT CLUB

RE YEUNG KWOK YING formerly t/a OWI NIGHT CLUB

Because service by post sent on 7 July 1987 was legally deemed to occur on 14 July 1987 and the Bankruptcy (Amendment)(No.2) Rules 1987 requiring personal service were already operative by that date, postal service was ineffective; therefore the receiving order was invalid and had to be rescinded, the adjudication annulled and the petition dismissed with costs.

Citation
RE YEUNG KWOK YING formerly t/a OWI NIGHT CLUB
Parties
Debtor: Yeung Kwok Ying formerly trading as Owl Night Club; Petitioner/creditor: Hang Lung Bank Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 November 1988
Case Number
HCB242/1987
Procedural Posture
Bankruptcy / Motion to Rescind Receiving Order — Judgment Delivered 18 November 1988
Outcome
Receiving order rescinded; adjudication order annulled; petition dismissed with costs.
Legal Topics
Service of Process, Deemed Service by Post, Amendment to Procedural Rules, Rescission of Receiving Order
Source Language
EN
Bankruptcy Civil Procedure Statutory Interpretation Service of Process Deemed Service by Post Amendment to Procedural Rules Rescission of Receiving Order

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Parties

Yeung Kwok Ying formerly trading as Owl Night Club

Debtor

Hang Lung Bank Limited

Petitioner/creditor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Motion to Rescind Receiving Order — Judgment Delivered 18 November 1988

Legal Issues

  1. 1 Whether service of a bankruptcy petition by post was effective given the Bankruptcy (Amendment)(No.2) Rules 1987 requiring personal service
  2. 2 Whether the receiving order should be rescinded and the adjudication annulled due to invalid service

Ratio Decidendi

Because service by post sent on 7 July 1987 was legally deemed to occur on 14 July 1987 and the Bankruptcy (Amendment)(No.2) Rules 1987 requiring personal service were already operative by that date, postal service was ineffective; therefore the receiving order was invalid and had to be rescinded, the adjudication annulled and the petition dismissed with costs.

Court Disposition

Receiving order rescinded; adjudication order annulled; petition dismissed with costs.

Orders

  • Receiving order rescinded
  • Adjudication order annulled