RE LEE WOON MEI

RE LEE WOON MEI

The court was not satisfied the creditor had done all reasonable steps required by the Bankruptcy Rules to bring the statutory demand to the debtor's attention, and there was insufficient evidence to justify substituted service or advertisement under the Rules; accordingly the statutory demand and petition against Lee Woon Mei were set aside.

Citation
RE LEE WOON MEI
Parties
Judgment Debtor: LEE WOON MEI; Judgment Creditor: INDUSTRIAL AND COMMERCIAL BANK OF CHINA (ASIA) LIMITED (formerly UNION BANK OF CHINA OF HONG KONG LIMITED); Co Judgment Debtor / Joint Tenant: WONG HUNG VANTEREN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 May 2005
Case Number
HCB11340/2004
Procedural Posture
Bankruptcy Proceedings / Hearing of Summons to Set Aside Substituted Service and Bankruptcy Petition; Reasons for Ruling After Hearing
Outcome
Application allowed; statutory demand and bankruptcy petition against Lee Woon Mei set aside; petition against Wong Hung Vanteren withdrawn by consent.
Legal Topics
Service of Statutory Demand, Substituted Service, Statutory Demand Publication, Compliance With Bankruptcy Rules, Last Known Address
Source Language
EN
Bankruptcy Civil Procedure Property Law Service of Statutory Demand Substituted Service Statutory Demand Publication Compliance With Bankruptcy Rules Last Known Address

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Parties

LEE WOON MEI

Judgment Debtor

INDUSTRIAL AND COMMERCIAL BANK OF CHINA (ASIA) LIMITED (formerly UNION BANK OF CHINA OF HONG KONG LIMITED)

Judgment Creditor

WONG HUNG VANTEREN

Co Judgment Debtor / Joint Tenant

Procedural Posture

Bankruptcy Proceedings / Hearing of Summons to Set Aside Substituted Service and Bankruptcy Petition; Reasons for Ruling After Hearing

Legal Issues

  1. 1 Whether the creditor did all that was reasonable to bring the statutory demand to the debtor's attention
  2. 2 Whether substituted service and newspaper advertisement were justified under the Rules
  3. 3 Whether the addresses used were the debtor's last known or usual address

Ratio Decidendi

The court was not satisfied the creditor had done all reasonable steps required by the Bankruptcy Rules to bring the statutory demand to the debtor's attention, and there was insufficient evidence to justify substituted service or advertisement under the Rules; accordingly the statutory demand and petition against Lee Woon Mei were set aside.

Court Disposition

Application allowed; statutory demand and bankruptcy petition against Lee Woon Mei set aside; petition against Wong Hung Vanteren withdrawn by consent.

Orders

  • Petition against Wong Hung Vanteren withdrawn by consent