RE PANG MEI LAN MAY

RE PANG MEI LAN MAY

Given the information available to the creditor (records showing last employer QEH and an earlier residential address), it was objectively reasonable to make further enquiries of QEH/Hospital Authority and attempt service at the Sun Yuet Building address; the Petitioner offered no evidence that such enquiries would...

Source-derived case information.

Citation
RE PANG MEI LAN MAY
Parties
Petitioner: Bank of China (Hong Kong) Limited; Bankrupt / Applicant: Pang Mei Lan May
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 February 2005
Case Number
HCB9118/2004
Procedural Posture
Bankruptcy Petition (annulment Application) / Application to Annul Bankruptcy Order (post Order)
Outcome
Bankruptcy order dated 10 November 2004 annulled; petition dismissed.
Legal Topics
Service of Statutory Demand, Substituted Service, Annulment of Bankruptcy Order, Rules 46 and 49 of the Bankruptcy Rules, Burden of Proof for Service
Source Language
en
Bankruptcy Civil Procedure Service of Process Service of Statutory Demand Substituted Service Annulment of Bankruptcy Order Rules 46 and 49 of the Bankruptcy Rules Burden of Proof for Service

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Parties

Bank of China (Hong Kong) Limited

Petitioner

Pang Mei Lan May

Bankrupt / Applicant

Procedural Posture

Bankruptcy Petition (annulment Application) / Application to Annul Bankruptcy Order (post Order)

Legal Issues

  1. 1 Whether the statutory demand was validly served in accordance with Bankruptcy Rules rr.46 and 49
  2. 2 Whether the creditor did all that was reasonable to bring the statutory demand to the debtor's attention
  3. 3 Whether the bankruptcy order made in the debtor's absence should be annulled

Ratio Decidendi

Given the information available to the creditor (records showing last employer QEH and an earlier residential address), it was objectively reasonable to make further enquiries of QEH/Hospital Authority and attempt service at the Sun Yuet Building address; the Petitioner offered no evidence that such enquiries would inevitably have been futile; therefore the Petitioner failed to do all that was reasonable under rr.46 and 49, service of the statutory demand was ineffective, the petition should not have been filed and the bankruptcy order is annulled.

Court Disposition

Bankruptcy order dated 10 November 2004 annulled; petition dismissed.

Orders

  • Bankruptcy order dated 10 November 2004 annulled
  • Petition against Pang Mei Lan May dismissed