RE CHEUNG PAK MING

RE CHEUNG PAK MING

Because the court found on the balance of probabilities that the debtor was out of jurisdiction when the writ was posted and the petitioner failed to produce proof of posting/receipt, service of the writ was defective rendering the default judgment irregular; the bankruptcy order founded on that judgment was therefore annulled and the petition dismissed.

Citation
RE CHEUNG PAK MING
Parties
Debtor: Cheung Pak Ming; Petitioner/judgment Creditor: University Heights Holding Limited; Co Defendant: Good Fame Enterprises Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 February 2005
Case Number
HCB5451/2004
Procedural Posture
Bankruptcy Proceedings (annulment Application) / Judgment on Application to Annul Bankruptcy Order
Outcome
Bankruptcy order annulled; petition dismissed
Legal Topics
Service of Process, Default Judgment, Annulment of Bankruptcy Order, Statutory Demand, Substituted Service, Costs Assessment, Solvency
Source Language
EN
Bankruptcy Civil Procedure Contract Property Service of Process Default Judgment Annulment of Bankruptcy Order Statutory Demand +3 more

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Parties

Cheung Pak Ming

Debtor

University Heights Holding Limited

Petitioner/judgment Creditor

Good Fame Enterprises Limited

Co Defendant

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings (annulment Application) / Judgment on Application to Annul Bankruptcy Order

Legal Issues

  1. 1 Whether default judgment was regular given mode and proof of service
  2. 2 Whether statutory demand and petition were properly served or substituted service was appropriate
  3. 3 Whether debtor had arguable defence on merits in underlying district court action

Ratio Decidendi

Because the court found on the balance of probabilities that the debtor was out of jurisdiction when the writ was posted and the petitioner failed to produce proof of posting/receipt, service of the writ was defective rendering the default judgment irregular; the bankruptcy order founded on that judgment was therefore annulled and the petition dismissed.

Court Disposition

Bankruptcy order annulled; petition dismissed

Orders

  • Annul the bankruptcy order
  • Dismiss the petition