RE WONG WAI CHI

RE WONG WAI CHI

The court held the bank had complied with rule 46(2) and the Master was correct to grant leave under rule 49(9); the debtor's challenges to service, amount and the prior judgment lacked substance or were time‑barred, and therefore a bankruptcy order was properly made against the debtor.

Citation
RE WONG WAI CHI
Parties
Petitioner: Bank of China (Hong Kong) Limited (successor to China and South Sea Bank Limited); Debtor: Wong Wai Chi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 October 2005
Case Number
HCB571/2005
Procedural Posture
Bankruptcy Petition (creditor's Petition Based on Statutory Demand) / Hearing and Judgment (bankruptcy Order Made)
Outcome
Bankruptcy order made against the debtor Wong Wai Chi
Legal Topics
Statutory Demand, Service, Substituted Service, Summary Judgment, Guarantee, Application to Set Aside, Enforcement, Limitation
Source Language
EN
Bankruptcy Debt Recovery Civil Procedure Contract Security/guarantee Statutory Demand Service Substituted Service +5 more

Case Brief

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Parties

Bank of China (Hong Kong) Limited (successor to China and South Sea Bank Limited)

Petitioner

Wong Wai Chi

Debtor

Procedural Posture

Bankruptcy Petition (creditor's Petition Based on Statutory Demand) / Hearing and Judgment (bankruptcy Order Made)

Legal Issues

  1. 1 Whether creditor complied with Bankruptcy Rules rule 46(2) to bring statutory demand to debtor's attention and effect personal service if practicable
  2. 2 Whether Master was entitled to give leave under rule 49(9) to file petition founded on statutory demand
  3. 3 Whether the amount demanded in the statutory demand was genuinely disputed

Ratio Decidendi

The court held the bank had complied with rule 46(2) and the Master was correct to grant leave under rule 49(9); the debtor's challenges to service, amount and the prior judgment lacked substance or were time‑barred, and therefore a bankruptcy order was properly made against the debtor.

Court Disposition

Bankruptcy order made against the debtor Wong Wai Chi

Orders

  • Bankruptcy order made against the debtor
  • Costs of the petitioner to be paid out of the bankrupt's estate