RE PANG YUFENG

RE PANG YUFENG

Personal service of the statutory demand on 25 September 2021 was established by the process server's affirmations, contemporaneous photographs and GPS tag; service of the petition was effective by postage to the Wanchai address and by service on the Debtor's solicitors; the Debtor had a place of residence and was ordinarily resident in Hong Kong within the relevant three‑year period and failed to prove a change of domicile to the US; therefore the court had jurisdiction and a bankruptcy order was made against the Debtor.

Citation
[2024] HKCFI 663
Parties
Petitioner: Vinson Finance Limited; Debtor: Pang Yufeng
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 March 2024
Case Number
HCB4767/2022
Procedural Posture
Bankruptcy Petition / Hearing and Judgment (bankruptcy Order Made)
Outcome
Bankruptcy order made against Pang Yufeng
Legal Topics
Service of Statutory Demand, Service of Petition, Jurisdictional Gateway, Place of Residence, Domicile, Ordinary Residence, Costs
Source Language
EN
Bankruptcy Civil Procedure Service of Statutory Demand Service of Petition Jurisdictional Gateway Place of Residence Domicile Ordinary Residence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Vinson Finance Limited

Petitioner

Pang Yufeng

Debtor

Procedural Posture

Bankruptcy Petition / Hearing and Judgment (bankruptcy Order Made)

Legal Issues

  1. 1 Whether the statutory demand was validly served on the Debtor
  2. 2 Whether the petition was validly served
  3. 3 Whether the Court has jurisdiction under section 4(1) of the Bankruptcy Ordinance by reason of residence, ordinary residence or domicile within the relevant three‑year period

Ratio Decidendi

Personal service of the statutory demand on 25 September 2021 was established by the process server's affirmations, contemporaneous photographs and GPS tag; service of the petition was effective by postage to the Wanchai address and by service on the Debtor's solicitors; the Debtor had a place of residence and was ordinarily resident in Hong Kong within the relevant three‑year period and failed to prove a change of domicile to the US; therefore the court had jurisdiction and a bankruptcy order was made against the Debtor.

Court Disposition

Bankruptcy order made against Pang Yufeng

Orders

  • Bankruptcy order made against the Debtor
  • Costs of and occasioned by the Petition, including all reserved costs, to the Petitioner with certificate for two Counsel, to be taxed if not agreed