RE DAVID C. BUXBAUM

RE DAVID C. BUXBAUM

The court accepted the evidence of the process servers and found the petitioner had done all that was reasonable under rule 46(2) to bring the statutory demand and petition to the debtor's attention; service on a Jewish Sabbath was not prohibited by Hong Kong law and did not invalidate service; the pending third‑party application did not preclude making a bankruptcy order; accordingly a bankruptcy order was made against the debtor and costs were ordered out of his estate.

Citation
RE DAVID C. BUXBAUM
Parties
Petitioner: Samuel-Rozenbaum HK Ltd; Debtor: David C Buxbaum
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 April 2005
Case Number
HCB7637/2004
Procedural Posture
Bankruptcy Petition / Hearing and Judgment
Outcome
Bankruptcy order made against David C Buxbaum
Legal Topics
Statutory Demand, Service of Documents, Order 81 Rule 5, Order 65 Rule 10, Annulment of Bankruptcy
Source Language
EN
Bankruptcy Law Civil Procedure Service of Process Costs Law Statutory Demand Service of Documents Order 81 Rule 5 Order 65 Rule 10 +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 5 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Samuel-Rozenbaum HK Ltd

Petitioner

David C Buxbaum

Debtor

Procedural Posture

Bankruptcy Petition / Hearing and Judgment

Legal Issues

  1. 1 Whether service of the statutory demand and petition was valid under rule 46(2) of the Bankruptcy Rules
  2. 2 Whether pending third‑party proceedings provide a real prospect of payment sufficient to defeat the bankruptcy petition
  3. 3 Whether service on a Jewish Sabbath invalidates service or engages rights under ICCPR/HK Bill of Rights

Ratio Decidendi

The court accepted the evidence of the process servers and found the petitioner had done all that was reasonable under rule 46(2) to bring the statutory demand and petition to the debtor's attention; service on a Jewish Sabbath was not prohibited by Hong Kong law and did not invalidate service; the pending third‑party application did not preclude making a bankruptcy order; accordingly a bankruptcy order was made against the debtor and costs were ordered out of his estate.

Court Disposition

Bankruptcy order made against David C Buxbaum

Orders

  • Bankruptcy order made against David C Buxbaum
  • Petitioner's costs in the petition to be paid out of the debtor's estate