RE WONG KAI KWONG

RE WONG KAI KWONG

The court found the petitioner failed to do all that was reasonable because Beverly Villas was not the debtor's usual and last known address, substituted service was obtained on incorrect representation, and the statutory demand and petition were defectively served; consequently the bankruptcy order was annulled and the petition and statutory demand set aside, with indemnity costs against the petitioner and payment of the Official Receiver's agreed costs.

Citation
RE WONG KAI KWONG
Parties
Petitioner (creditor): Wing Lung Bank Limited; Debtor (alleged Bankrupt / Applicant for Annulment): Wong Kai Kwong; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 November 2003
Case Number
HCB2647/2003
Procedural Posture
Bankruptcy (creditor's Petition) / Application to Annul Bankruptcy Order; Judgment on Annulment Application
Outcome
Bankruptcy order annulled; petition and statutory demand set aside; notice of annulment to be published; costs awarded against petitioner on indemnity basis; petitioner to pay Official Receiver's agreed costs.
Legal Topics
Statutory Demand, Substituted Service, Annulment of Bankruptcy Order, Service of Process, Costs Indemnity
Source Language
EN
Bankruptcy Civil Procedure Procedure for Service of Process Statutory Demand Substituted Service Annulment of Bankruptcy Order Service of Process Costs Indemnity

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Parties

Wing Lung Bank Limited

Petitioner (creditor)

Wong Kai Kwong

Debtor (alleged Bankrupt / Applicant for Annulment)

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy (creditor's Petition) / Application to Annul Bankruptcy Order; Judgment on Annulment Application

Legal Issues

  1. 1 Whether the statutory demand was properly served on the debtor
  2. 2 Whether substituted service of the bankruptcy petition was valid
  3. 3 Whether the bankruptcy order should be annulled for defective service and misrepresentation to the court

Ratio Decidendi

The court found the petitioner failed to do all that was reasonable because Beverly Villas was not the debtor's usual and last known address, substituted service was obtained on incorrect representation, and the statutory demand and petition were defectively served; consequently the bankruptcy order was annulled and the petition and statutory demand set aside, with indemnity costs against the petitioner and payment of the Official Receiver's agreed costs.

Court Disposition

Bankruptcy order annulled; petition and statutory demand set aside; notice of annulment to be published; costs awarded against petitioner on indemnity basis; petitioner to pay Official Receiver's agreed costs.

Orders

  • Petitioner to pay Official Receiver's agreed costs of HK$20,000.00