RE: GRAHAM MEAD also known as GRAHAM PETER MEAD, a Debtor and EX PARTE: MANCHES & CO., a Creditor

RE: GRAHAM MEAD also known as GRAHAM PETER MEAD, a Debtor and EX PARTE: MANCHES & CO., a Creditor

The OSS lacks power to overturn a court judgment; the defect in delivery of the bill was technical and did not render the English default judgment void; the debtor had no meritorious defence and could not pay the judgment debt, therefore a bankruptcy order was justified.

Citation
RE: GRAHAM MEAD also known as GRAHAM PETER MEAD, a Debtor and EX PARTE: MANCHES & CO., a Creditor
Parties
Creditor: Manches & Co.; Debtor: Graham Peter Mead; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 May 1999
Case Number
HCB821/1998
Procedural Posture
Bankruptcy Proceedings / Hearing and Adjudication (judgment)
Outcome
Debtor adjudged bankrupt
Legal Topics
Statutory Demand, Default Judgment, Service of Bill of Costs (solicitors Act S.69), Powers of Office for the Supervision of Solicitors, Setting Aside Foreign Judgment
Source Language
EN
Bankruptcy Civil Procedure Solicitors' Costs Judgment Enforcement Statutory Demand Default Judgment Service of Bill of Costs (solicitors Act S.69) Powers of Office for the Supervision of Solicitors +1 more

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Parties

Manches & Co.

Creditor

Graham Peter Mead

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Hearing and Adjudication (judgment)

Legal Issues

  1. 1 Whether the Office for the Supervision of Solicitors (OSS) can reduce a solicitors' bill in a way that overturns a court judgment
  2. 2 Whether defective service of a bill under Solicitors Act 1974 s.69(2) renders the English judgment void
  3. 3 Whether the debtor had a meritorious defence to the petition and/or can pay the judgment debt

Ratio Decidendi

The OSS lacks power to overturn a court judgment; the defect in delivery of the bill was technical and did not render the English default judgment void; the debtor had no meritorious defence and could not pay the judgment debt, therefore a bankruptcy order was justified.

Court Disposition

Debtor adjudged bankrupt

Orders

  • Bankruptcy order adjudging Graham Peter Mead bankrupt