RE CHEN CHERYL DEANNA

RE CHEN CHERYL DEANNA

The court preferred the process server's credible evidence and found that the statutory demand was personally served on 18 March 2016; the petition (for HK$60,873.39) would have succeeded but for subsequent repayments which reduced the debt below the statutory threshold; accordingly petitioner entitled to costs up to and including 23 August 2016 (to be taxed if not agreed), no order as to costs for 24 August–26 September 2016, and an order nisi for costs after 26 September 2016 excluding costs relating to specified affidavits; certain affidavits were expunged and late evidence refused.

Citation
RE CHEN CHERYL DEANNA
Parties
Debtor: CHEN CHERYL DEANNA (formerly known as Cheryl Deanna Chen or Chen Mei Yin Deanna or Chen Mei Yin Cheryl); Petitioner: CHEN PAK YIN STELLA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 March 2017
Case Number
HCB3082/2016
Procedural Posture
Bankruptcy Proceeding / Decision on Costs Following Dismissal of Petition
Outcome
Bankruptcy petition dismissed on 26 September 2016 (debt reduced below statutory threshold by repayments); costs ordered as detailed below.
Legal Topics
Statutory Demand, Personal Service, Service of Process, Costs of Proceedings, Affidavit Admissibility, Late Evidence
Source Language
EN
Bankruptcy Law Civil Procedure Evidence Costs Law Statutory Demand Personal Service Service of Process Costs of Proceedings +2 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 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

CHEN CHERYL DEANNA (formerly known as Cheryl Deanna Chen or Chen Mei Yin Deanna or Chen Mei Yin Cheryl)

Debtor

CHEN PAK YIN STELLA

Petitioner

Procedural Posture

Bankruptcy Proceeding / Decision on Costs Following Dismissal of Petition

Legal Issues

  1. 1 Whether the statutory demand was personally served on the debtor on 18 March 2016
  2. 2 Whether the petition founded on that statutory demand was valid
  3. 3 Whether and to what extent the petitioner is entitled to costs given part repayments after presentation of petition

Ratio Decidendi

The court preferred the process server's credible evidence and found that the statutory demand was personally served on 18 March 2016; the petition (for HK$60,873.39) would have succeeded but for subsequent repayments which reduced the debt below the statutory threshold; accordingly petitioner entitled to costs up to and including 23 August 2016 (to be taxed if not agreed), no order as to costs for 24 August–26 September 2016, and an order nisi for costs after 26 September 2016 excluding costs relating to specified affidavits; certain affidavits were expunged and late evidence refused.

Court Disposition

Bankruptcy petition dismissed on 26 September 2016 (debt reduced below statutory threshold by repayments); costs ordered as detailed below.

Orders

  • Debtor to pay petitioner's costs of the proceedings up to and including 23 August 2016, to be taxed if not agreed.
  • No order as to costs for the period 24 August 2016 to 26 September 2016.