RE: MAK TSZ LOK and EX-PARTE: CALTEX OIL HONG KONG LTD., A JUDGMENT CREDITOR

RE: MAK TSZ LOK and EX-PARTE: CALTEX OIL HONG KONG LTD., A JUDGMENT CREDITOR

Bankruptcy orders were annulled because the petitioner had actual knowledge of the debtors' new address (removal notice and regular statements) yet affirmations misrepresented that the old Shatin address was the last known address and that no other address was available; that misrepresentation meant the court would not have granted leave for filing and substituted service if fully informed, so service did not comply with r46(2) and the orders ought not to have been made under s33(1)(a).

Citation
RE: MAK TSZ LOK and EX-PARTE: CALTEX OIL HONG KONG LTD., A JUDGMENT CREDITOR
Parties
Petitioner / Judgment Creditor: Caltex Oil Hong Kong Limited; Debtor: Yau Chi Hang; Debtor: Leung Chi Wang; Debtor: Mak Tsz Lok; Official Receiver (interested Party): Official Receiver's Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 2001
Case Number
HCB4397/2000
Procedural Posture
Bankruptcy / Application to Annul Bankruptcy Orders (post Bankruptcy)
Outcome
Bankruptcy orders annulled against Yau Chi Hang, Leung Chi Wang and Mak Tsz Lok
Legal Topics
Statutory Demand, Substituted Service, Annulment, Service of Process, Business Registration
Source Language
EN
Bankruptcy Civil Procedure Service of Process Statutory Demand Substituted Service Annulment Business Registration

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Parties

Caltex Oil Hong Kong Limited

Petitioner / Judgment Creditor

Yau Chi Hang

Debtor

Leung Chi Wang

Debtor

Mak Tsz Lok

Debtor

Official Receiver's Office

Official Receiver (interested Party)

Procedural Posture

Bankruptcy / Application to Annul Bankruptcy Orders (post Bankruptcy)

Legal Issues

  1. 1 Whether the statutory demand and bankruptcy petitions were properly served in compliance with Bankruptcy Rules r46(2) and r49(9)
  2. 2 Whether the bankruptcy orders should be annulled under Bankruptcy Ordinance s33(1)(a) and whether s9(3) required proof of service before making orders
  3. 3 Whether the petitioner and its solicitors misrepresented available addresses and service attempts to the Court when obtaining leave for substituted service

Ratio Decidendi

Bankruptcy orders were annulled because the petitioner had actual knowledge of the debtors' new address (removal notice and regular statements) yet affirmations misrepresented that the old Shatin address was the last known address and that no other address was available; that misrepresentation meant the court would not have granted leave for filing and substituted service if fully informed, so service did not comply with r46(2) and the orders ought not to have been made under s33(1)(a).

Court Disposition

Bankruptcy orders annulled against Yau Chi Hang, Leung Chi Wang and Mak Tsz Lok

Orders

  • Bankruptcy order against Yau Chi Hang (HCB 4395/00) annulled
  • Bankruptcy order against Leung Chi Wang (HCB 4396/00) annulled