RE FONG SO HO

RE FONG SO HO

The petition succeeds because the petitioner took all reasonable steps to serve the statutory demand by advertisement and the District Court judgment underpinning the debt has been finally determined against the debtor such that there is no basis in bankruptcy proceedings to challenge or avoid the debt; therefore a bankruptcy order is appropriate.

Citation
RE FONG SO HO
Parties
Petitioner: Secretary for Justice; Debtor: Fong So Ho
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 July 2009
Case Number
HCB5653/2008
Procedural Posture
Bankruptcy Petition / Judgment
Outcome
Bankruptcy order made against the debtor
Legal Topics
Statutory Demand, Service by Advertisement, Judgment Debt, Summary Judgment, Setting Aside Judgment, Leave to Appeal, Res Judicata
Source Language
EN
Bankruptcy Civil Procedure Administrative Law Debt Recovery Legal Aid Statutory Demand Service by Advertisement Judgment Debt +4 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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Secretary for Justice

Petitioner

Fong So Ho

Debtor

Procedural Posture

Bankruptcy Petition / Judgment

Legal Issues

  1. 1 Whether service of a statutory demand by advertisement was effective when debtor was not physically present
  2. 2 Whether the court should inquire into the validity of an underlying judgment debt in bankruptcy proceedings
  3. 3 Whether evidence of acquittal in criminal proceedings can vitiate civil liability arising from revocation of legal aid

Ratio Decidendi

The petition succeeds because the petitioner took all reasonable steps to serve the statutory demand by advertisement and the District Court judgment underpinning the debt has been finally determined against the debtor such that there is no basis in bankruptcy proceedings to challenge or avoid the debt; therefore a bankruptcy order is appropriate.

Court Disposition

Bankruptcy order made against the debtor

Orders

  • Make a bankruptcy order against Fong So Ho
  • Costs awarded to the Petitioner