RE TAM MAN ON JONATHAN

RE TAM MAN ON JONATHAN

The petitioner's proceedings and substituted service were justified on the evidence that the Lee On Road address was the debtor's last known address and the accounts were validly terminated for breach; accordingly the debtor must pay the petitioner's costs, to be taxed if not agreed.

Citation
RE TAM MAN ON JONATHAN
Parties
Creditor/petitioner: DAH SING BANK LIMITED; Debtor: TAM MAN ON JONATHAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2007
Case Number
HCB7453/2006
Procedural Posture
Bankruptcy Proceedings / Bankruptcy Petition — Decision on Costs After Repayment
Outcome
Petitioner awarded costs; debtor ordered to pay the petitioner's costs
Legal Topics
Statutory Demand, Substituted Service, Default Judgment, Enforceability of Contractual Costs Clauses, Taxation of Costs
Source Language
EN
Bankruptcy Contract Civil Procedure Service of Process Costs Statutory Demand Substituted Service Default Judgment +2 more

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Parties

DAH SING BANK LIMITED

Creditor/petitioner

TAM MAN ON JONATHAN

Debtor

Procedural Posture

Bankruptcy Proceedings / Bankruptcy Petition — Decision on Costs After Repayment

Legal Issues

  1. 1 Whether substituted service at debtor's last known address was valid
  2. 2 Whether debtor remained liable for petition costs after repaying default judgment
  3. 3 Whether petitioner validly terminated the credit card and loan accounts

Ratio Decidendi

The petitioner's proceedings and substituted service were justified on the evidence that the Lee On Road address was the debtor's last known address and the accounts were validly terminated for breach; accordingly the debtor must pay the petitioner's costs, to be taxed if not agreed.

Court Disposition

Petitioner awarded costs; debtor ordered to pay the petitioner's costs

Orders

  • Debtor to pay the petitioner the costs of the petition, including all costs reserved and the costs of the hearing on 1 August 2007, to be taxed if not agreed.