RE SHUM FONG CHUNG

RE SHUM FONG CHUNG

Because the statutory demand and petition were validly served, documentary evidence established the debtor's liability under the guarantee and the debtor failed to rebut or attend, the court was satisfied the petitioner proved entitlement to a bankruptcy order and therefore made the order against the debtor.

Citation
RE SHUM FONG CHUNG
Parties
Petitioner: DBS BANK (HONG KONG) LIMITED; Debtor: SHUM FONG CHUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 March 2007
Case Number
HCB5782/2006
Procedural Posture
Bankruptcy Petition / Judgment
Outcome
Bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Service of Process, Substituted Service, Personal Guarantee Liability, Jurisdiction/residence
Source Language
EN
Bankruptcy Civil Procedure Company Law Statutory Demand Service of Process Substituted Service Personal Guarantee Liability Jurisdiction/residence

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Parties

DBS BANK (HONG KONG) LIMITED

Petitioner

SHUM FONG CHUNG

Debtor

Procedural Posture

Bankruptcy Petition / Judgment

Legal Issues

  1. 1 Whether the debtor failed to comply with a statutory demand and is thus subject to a bankruptcy petition
  2. 2 Whether service of the statutory demand and petition was valid by advertisement and substituted service
  3. 3 Whether the debtor's allegations of non‑residence and non‑domicile defeat the petition

Ratio Decidendi

Because the statutory demand and petition were validly served, documentary evidence established the debtor's liability under the guarantee and the debtor failed to rebut or attend, the court was satisfied the petitioner proved entitlement to a bankruptcy order and therefore made the order against the debtor.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Bankruptcy order made against Shum Fong Chung dated 15 March 2007
  • Costs of the proceedings to the Petitioner to be taxed