RE HO KAI WA, FRANCIS

RE HO KAI WA, FRANCIS

Substituted service of the statutory demand and the petition by advertisement and ordinary post was reasonable and valid in the circumstances; the debtor was domiciled/ordinarily resident in Hong Kong and his presence for part of the day satisfied s 4(1)(b) so presentation requirements were met; the costs order was made after the earlier bankruptcy discharge and therefore is not provable as a debt of that earlier bankruptcy; accordingly the bankruptcy petition succeeds and a bankruptcy order with costs is made against the debtor.

Citation
RE HO KAI WA, FRANCIS
Parties
Petitioner/creditor: Petitioner (creditor); Debtor: Debtor
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 November 2014
Case Number
HCB1480/2014
Procedural Posture
Bankruptcy Petition / Final Judgment
Outcome
Bankruptcy order made against the debtor with costs awarded to the petitioner
Legal Topics
Service of Statutory Demand, Service of Petition, Provable Debts, Allocatur, Substituted Service, Bankruptcy Discharge
Source Language
EN
Bankruptcy Insolvency Civil Procedure Costs Service of Statutory Demand Service of Petition Provable Debts Allocatur +2 more

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Parties

Petitioner (creditor)

Petitioner/creditor

Debtor

Debtor

Procedural Posture

Bankruptcy Petition / Final Judgment

Legal Issues

  1. 1 Whether substituted service of the statutory demand complied with rr 46 and 49 Cap 6A
  2. 2 Whether service of the petition complied with s 4(1)(b) Cap 6 and r 59 Cap 6A (presence requirement)
  3. 3 Whether a costs order made after discharge is a provable debt of a prior bankruptcy

Ratio Decidendi

Substituted service of the statutory demand and the petition by advertisement and ordinary post was reasonable and valid in the circumstances; the debtor was domiciled/ordinarily resident in Hong Kong and his presence for part of the day satisfied s 4(1)(b) so presentation requirements were met; the costs order was made after the earlier bankruptcy discharge and therefore is not provable as a debt of that earlier bankruptcy; accordingly the bankruptcy petition succeeds and a bankruptcy order with costs is made against the debtor.

Court Disposition

Bankruptcy order made against the debtor with costs awarded to the petitioner

Orders

  • Bankruptcy order made against the debtor
  • Costs awarded to the petitioner