RE SIMERAY JANNICK JACQUES

RE SIMERAY JANNICK JACQUES

The court held the statutory demand and petition were properly served and, on the evidence (shareholding, directorship, contractual terms, audited accounts and payments), the debtor carried on business in Hong Kong through JM Concepts Ltd during the relevant three year period, thereby establishing jurisdiction under s 4(1)(c)(ii) of the Bankruptcy Ordinance; no valid defence to the petition was made, so a bankruptcy order was made against the debtor.

Citation
RE SIMERAY JANNICK JACQUES
Parties
Judgment Creditor: Go Wireless Limited; Judgment Debtor: Simeray Jannick Jacques
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 December 2013
Case Number
HCB8016/2012
Procedural Posture
Bankruptcy Petition / Judgment on Bankruptcy Petition
Outcome
Bankruptcy order made against the judgment debtor
Legal Topics
Service of Process, Jurisdiction, Carrying on Business in Hong Kong, Statutory Demand, Bankruptcy Order
Source Language
EN
Bankruptcy Civil Procedure Commercial Law Service of Process Jurisdiction Carrying on Business in Hong Kong Statutory Demand Bankruptcy Order

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Parties

Go Wireless Limited

Judgment Creditor

Simeray Jannick Jacques

Judgment Debtor

Procedural Posture

Bankruptcy Petition / Judgment on Bankruptcy Petition

Legal Issues

  1. 1 Whether the statutory demand was properly served
  2. 2 Whether the petition was properly served pursuant to court order
  3. 3 Whether the court has jurisdiction under s 4(1)(c)(ii) of the Bankruptcy Ordinance (Cap 6) by reason of the judgment debtor having carried on business in Hong Kong during the relevant 3 year period

Ratio Decidendi

The court held the statutory demand and petition were properly served and, on the evidence (shareholding, directorship, contractual terms, audited accounts and payments), the debtor carried on business in Hong Kong through JM Concepts Ltd during the relevant three year period, thereby establishing jurisdiction under s 4(1)(c)(ii) of the Bankruptcy Ordinance; no valid defence to the petition was made, so a bankruptcy order was made against the debtor.

Court Disposition

Bankruptcy order made against the judgment debtor

Orders

  • Bankruptcy order made against Simeray Jannick Jacques dated 17 December 2013
  • Costs awarded to Go Wireless Limited