RE HUANG HAICHAO

RE HUANG HAICHAO

Having regard to attempts at personal service at the last known Hong Kong address, service on the debtor's solicitors on record, newspaper advertisement, and the debtor's failure to give evidence, the court drew an adverse inference that the debtor was aware of the statutory demand; therefore service was adequate for the purposes of r46(2) and r49(9) did not require dismissal of the petition, and the bankruptcy order was properly granted.

Citation
RE HUANG HAICHAO
Parties
Petitioner: Unknown Petitioner; Debtor: NG (MACAU) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 July 2014
Case Number
HCB8114/2013
Procedural Posture
Bankruptcy Petition / Hearing and Judgment
Outcome
bankruptcy order granted with costs
Legal Topics
Statutory Demand, Service of Process, Substituted Service, Setting Aside Petition, Adverse Inference, Strike Out of Evidence
Source Language
EN
Insolvency Bankruptcy Civil Procedure Statutory Demand Service of Process Substituted Service Setting Aside Petition Adverse Inference +1 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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Unknown Petitioner

Petitioner

NG (MACAU) LIMITED

Debtor

Procedural Posture

Bankruptcy Petition / Hearing and Judgment

Legal Issues

  1. 1 Whether the statutory demand was validly served
  2. 2 Whether the debtor was aware of the statutory demand
  3. 3 Whether the court should exercise its discretion under r49(9) Cap 6A to decline to file the petition

Ratio Decidendi

Having regard to attempts at personal service at the last known Hong Kong address, service on the debtor's solicitors on record, newspaper advertisement, and the debtor's failure to give evidence, the court drew an adverse inference that the debtor was aware of the statutory demand; therefore service was adequate for the purposes of r46(2) and r49(9) did not require dismissal of the petition, and the bankruptcy order was properly granted.

Court Disposition

bankruptcy order granted with costs

Orders

  • Usual bankruptcy order made
  • Costs awarded to the petitioner