RE SEE WAH FAN

RE SEE WAH FAN

Petitioner failed to discharge the burden of establishing valid service of the statutory demand; absent valid service the petition should not have been presented and no bankruptcy order should be made, therefore the petition is dismissed.

Citation
RE SEE WAH FAN
Parties
Petitioner (judgment Creditor): Madam Tam; Judgment Debtor: Madam See Wah Fan; Occupier/server (witness): Mr Yuen Noong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 2011
Case Number
HCB8895/2010
Procedural Posture
Bankruptcy Petition / Judgment (hearing 2 June 2011; Judgment 15 June 2011)
Outcome
Bankruptcy petition dismissed; no bankruptcy order made.
Legal Topics
Statutory Demand, Personal Service, Taxed Costs, Bankruptcy Petition, Procedural Irregularity, Service Validity
Source Language
EN
Bankruptcy Civil Procedure Service of Process Costs Statutory Demand Personal Service Taxed Costs Bankruptcy Petition +2 more

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Parties

Madam Tam

Petitioner (judgment Creditor)

Madam See Wah Fan

Judgment Debtor

Mr Yuen Noong

Occupier/server (witness)

Procedural Posture

Bankruptcy Petition / Judgment (hearing 2 June 2011; Judgment 15 June 2011)

Legal Issues

  1. 1 Whether the statutory demand was validly served on the debtor
  2. 2 Whether the amount of taxed costs could be challenged at this stage
  3. 3 Whether alleged omissions or irregularities in the statutory demand or petition caused prejudice to the debtor

Ratio Decidendi

Petitioner failed to discharge the burden of establishing valid service of the statutory demand; absent valid service the petition should not have been presented and no bankruptcy order should be made, therefore the petition is dismissed.

Court Disposition

Bankruptcy petition dismissed; no bankruptcy order made.

Orders

  • Petition dismissed and no bankruptcy order to be made against Madam See Wah Fan.
  • Order nisi: costs of this petition (including the hearing on 2 June 2011) to be paid by the Petitioner (Madam Tam) to the Respondent (Madam See Wah Fan), to be taxed if not agreed.