RE IP PUI MAN NINA

RE IP PUI MAN NINA

Debtor failed to prove change of domicile from Hong Kong to Singapore or lack of ordinary residence in the relevant period; petitioner took all reasonable steps to effect personal service and validly brought the statutory demand to debtor's attention by advertisement and ordinary post (15 September 2009) and obtained substituted service of the petition; debtor failed to demonstrate a bona fide dispute on substantial grounds—claims for the undisputed principal sum under the all‑monies mortgage stand and allegations of undue influence/misrepresentation are neither supported by credible contemporaneous evidence nor sufficient in law to set aside the mortgage; accordingly bankruptcy order...

Citation
RE IP PUI MAN NINA
Parties
Petitioner (creditor): The Hong Kong and Shanghai Banking Corporation Limited; Debtor: Ms Ip Pui Man Nina (also known as Yip, Yau Nina); Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 May 2011
Case Number
HCB309/2010
Procedural Posture
Bankruptcy Petition / Final Judgment (court of First Instance)
Outcome
Bankruptcy order granted against Ms Ip Pui Man Nina; costs awarded to petitioner
Legal Topics
Statutory Demand, Service of Process, Substituted Service, Domicile, Ordinary Residence, Undue Influence, Misrepresentation, Limitation Periods, All‑monies Mortgage
Source Language
EN
Bankruptcy Civil Procedure Contract Property Law Limitation Law Statutory Demand Service of Process Substituted Service +6 more

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Parties

The Hong Kong and Shanghai Banking Corporation Limited

Petitioner (creditor)

Ms Ip Pui Man Nina (also known as Yip, Yau Nina)

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Final Judgment (court of First Instance)

Legal Issues

  1. 1 Whether petition validly presented under s.4(1) Bankruptcy Ordinance (domicile and ordinary residence)
  2. 2 Whether statutory demand and petition were properly served (personal service/substituted service/advertisement)
  3. 3 Whether there exists a bona fide dispute on substantial grounds as to the indebtedness (statute‑barred claims; undue influence and misrepresentation)

Ratio Decidendi

Debtor failed to prove change of domicile from Hong Kong to Singapore or lack of ordinary residence in the relevant period; petitioner took all reasonable steps to effect personal service and validly brought the statutory demand to debtor's attention by advertisement and ordinary post (15 September 2009) and obtained substituted service of the petition; debtor failed to demonstrate a bona fide dispute on substantial grounds—claims for the undisputed principal sum under the all‑monies mortgage stand and allegations of undue influence/misrepresentation are neither supported by credible contemporaneous evidence nor sufficient in law to set aside the mortgage; accordingly bankruptcy order...

Court Disposition

Bankruptcy order granted against Ms Ip Pui Man Nina; costs awarded to petitioner

Orders

  • Bankruptcy order made against Ms Ip Pui Man Nina
  • Costs awarded to the Petitioner; costs order nisi to be made absolute 14 days from judgment unless varied