RE: LI WAI MAN and EX PARTE: HANG TUNG SECURITIES LTD.

RE: LI WAI MAN and EX PARTE: HANG TUNG SECURITIES LTD.

Personal service was impracticable but the creditor satisfied its obligation under R.46(2) by making reasonable attempts at the debtor's last-known business and residence, leaving letters offering appointments and advertising the demand; the first affirmation complied with R.49(5)-(7) and parts of the supplemental affirmation introducing new post-filing material were not considered; omission of identity card number was non-prejudicial and amendable under R.203; therefore the application to set aside was dismissed.

Citation
RE: LI WAI MAN and EX PARTE: HANG TUNG SECURITIES LTD.
Parties
Creditor/petitioner: Hang Tung Securities Limited; Debtor/applicant: Li Wai Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 November 1999
Case Number
HCB211/1999
Procedural Posture
Bankruptcy Proceedings / Application to Set Aside Statutory Demand and Petition (interlocutory)
Outcome
Application to set aside statutory demand and petition dismissed
Legal Topics
Statutory Demand, Service of Process, Substituted Service, Affirmation of Service, Amendment of Petition, Costs
Source Language
EN
Bankruptcy Civil Procedure Statutory Demand Service of Process Substituted Service Affirmation of Service Amendment of Petition Costs

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 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hang Tung Securities Limited

Creditor/petitioner

Li Wai Man

Debtor/applicant

Procedural Posture

Bankruptcy Proceedings / Application to Set Aside Statutory Demand and Petition (interlocutory)

Legal Issues

  1. 1 Whether service of the statutory demand was effected or whether creditor did all that was reasonable under R.46(2)
  2. 2 Whether supplemental affirmation filed after petition may be relied on
  3. 3 Whether affirmation proving service complied with R.49(5)-(7)

Ratio Decidendi

Personal service was impracticable but the creditor satisfied its obligation under R.46(2) by making reasonable attempts at the debtor's last-known business and residence, leaving letters offering appointments and advertising the demand; the first affirmation complied with R.49(5)-(7) and parts of the supplemental affirmation introducing new post-filing material were not considered; omission of identity card number was non-prejudicial and amendable under R.203; therefore the application to set aside was dismissed.

Court Disposition

Application to set aside statutory demand and petition dismissed

Orders

  • Application to set aside statutory demand and petition dismissed
  • Order nisi that the Debtor pay the Petitioner's costs of the application, to be taxed if not agreed