RE XU XIUZHI

RE XU XIUZHI

The Bank established it had taken all reasonable and practicable steps to bring the statutory demand to the debtor's attention so service was valid; the debtor failed to adduce sufficiently precise and believable evidence of a bona fide defence on substantial grounds and the plea of non est factum was not available given the thin evidence and apparent carelessness; accordingly a bankruptcy order was warranted.

Citation
RE XU XIUZHI
Parties
Creditor: CTBC Bank Co., Ltd. (formerly Chinatrust Commercial Bank, Ltd.); Debtor: Xu Xiuzhi (許秀志)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 September 2015
Case Number
HCB8815/2014
Procedural Posture
Bankruptcy Petition / Judgment (court of First Instance)
Outcome
Bankruptcy order nisi granted; usual bankruptcy order against the debtor and costs to the petitioning creditor
Legal Topics
Service of Process, Statutory Demand, Substituted Service, Proof of Service, Guarantee Liability, Non Est Factum, Bona Fide Dispute, Costs
Source Language
EN
Bankruptcy Civil Procedure Contract Law Service of Process Statutory Demand Substituted Service Proof of Service Guarantee Liability +3 more

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Parties

CTBC Bank Co., Ltd. (formerly Chinatrust Commercial Bank, Ltd.)

Creditor

Xu Xiuzhi (許秀志)

Debtor

Procedural Posture

Bankruptcy Petition / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether service of the statutory demand was valid and sufficiently proved
  2. 2 Whether the debtor has a bona fide dispute on substantial grounds to the debt under the guarantee
  3. 3 Whether the doctrine of non est factum applies

Ratio Decidendi

The Bank established it had taken all reasonable and practicable steps to bring the statutory demand to the debtor's attention so service was valid; the debtor failed to adduce sufficiently precise and believable evidence of a bona fide defence on substantial grounds and the plea of non est factum was not available given the thin evidence and apparent carelessness; accordingly a bankruptcy order was warranted.

Court Disposition

Bankruptcy order nisi granted; usual bankruptcy order against the debtor and costs to the petitioning creditor

Orders

  • Usual bankruptcy order against Mr Xu Xiuzhi.
  • Order nisi that the costs of the Petition, including all costs reserved, be to the Petitioning Creditor.