RE GABRIEL RICARDO DIAS-AZEDO

RE GABRIEL RICARDO DIAS-AZEDO

The petition was granted because the petitioner proved an underlying debt by a valid default judgment and an unsatisfied statutory demand; the omission of the creditor's name on the prescribed form did not cause substantive prejudice and was cured by rule 203 / s124(1); service by local newspaper advertisement complied with rule 46(3) given the debtor had absconded; the opposing creditors failed to show a bona fide triable issue or that the petition was an abuse of process.

Citation
RE GABRIEL RICARDO DIAS-AZEDO
Parties
Petitioner: Angela Rita Gardner; Opposing Creditor: Mr and Mrs Da Silva; Debtor: Gabriel Ricardo Dias-Azedo; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 October 2010
Case Number
HCB2212/2010
Procedural Posture
Bankruptcy Petition / Judgment (court of First Instance)
Outcome
Bankruptcy order granted against Gabriel Ricardo Dias-Azedo
Legal Topics
Statutory Demand, Bankruptcy Order, Service by Advertisement, Default Judgment, Abuse of Process, Vicarious Liability, Trust Misappropriation, Charging Order
Source Language
EN
Bankruptcy Civil Procedure Trusts Enforcement Fraud Statutory Demand Bankruptcy Order Service by Advertisement +5 more

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Parties

Angela Rita Gardner

Petitioner

Mr and Mrs Da Silva

Opposing Creditor

Gabriel Ricardo Dias-Azedo

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the petitioner proved an underlying debt sufficient to support a bankruptcy petition
  2. 2 Whether the default judgment relied upon is irregular or triable
  3. 3 Whether the statutory demand complied with prescribed form requirements

Ratio Decidendi

The petition was granted because the petitioner proved an underlying debt by a valid default judgment and an unsatisfied statutory demand; the omission of the creditor's name on the prescribed form did not cause substantive prejudice and was cured by rule 203 / s124(1); service by local newspaper advertisement complied with rule 46(3) given the debtor had absconded; the opposing creditors failed to show a bona fide triable issue or that the petition was an abuse of process.

Court Disposition

Bankruptcy order granted against Gabriel Ricardo Dias-Azedo

Orders

  • Bankruptcy order granted against Gabriel Ricardo Dias-Azedo
  • Costs awarded to the Petitioner; costs of and occasioned by the Opposing Creditors' opposition (including costs of this hearing) to be paid by the Opposing Creditors and to be taxed if not agreed