RE LOREA SOLABARRIETA CHEUNG

RE LOREA SOLABARRIETA CHEUNG

The petition was dismissed because the petitioner failed to establish proper service: the steps taken were insufficient to give reasonable cause to believe the respondent was evading service and the affidavit did not demonstrate the creditor's knowledge or belief that there was no real prospect of recovery by execution as required by r46(3) and r49(8); therefore s6A was not satisfied and the petition under s6(2)(c) failed.

Citation
RE LOREA SOLABARRIETA CHEUNG
Parties
Creditor/petitioner: Petitioner; Debtor/respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 April 2015
Case Number
HCB3938/2014
Procedural Posture
Bankruptcy Petition / Dismissed at Hearing; Reasons for Decision Given
Outcome
bankruptcy petition dismissed
Legal Topics
Statutory Demand, Service by Advertisement, Substituted Service, Affidavit of Service, Compliance With Bankruptcy Rules
Source Language
EN
Bankruptcy Civil Procedure Service of Process Costs Statutory Demand Service by Advertisement Substituted Service Affidavit of Service +1 more

Case Brief

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Parties

Petitioner

Creditor/petitioner

Respondent

Debtor/respondent

Procedural Posture

Bankruptcy Petition / Dismissed at Hearing; Reasons for Decision Given

Legal Issues

  1. 1 Whether the statutory demand was properly served
  2. 2 Whether creditor could rely on newspaper advertisement under Bankruptcy Rules r46(3)
  3. 3 Whether creditor had reasonable cause to believe debtor was keeping out of the way to avoid service

Ratio Decidendi

The petition was dismissed because the petitioner failed to establish proper service: the steps taken were insufficient to give reasonable cause to believe the respondent was evading service and the affidavit did not demonstrate the creditor's knowledge or belief that there was no real prospect of recovery by execution as required by r46(3) and r49(8); therefore s6A was not satisfied and the petition under s6(2)(c) failed.

Court Disposition

bankruptcy petition dismissed

Orders

  • Bankruptcy petition dismissed
  • Attendance of the Official Receiver excused