RE 張承勷

RE 張承勷

The court excluded the Draft 5th Affirmation as inadmissible (undated, un‑affirmed, un‑notarised), found the debtor failed to discharge the burden of proving change of domicile or that he was not ordinarily resident, had no place of residence or had ceased carrying on business in Hong Kong within the relevant three‑year period, concluded the statutory requirements of sections 4(1) and 6D(1) were satisfied and granted the bankruptcy order against the debtor with costs to the petitioner to be taxed and paid out of the bankrupt's assets.

Citation
RE 張承勷
Parties
Petitioning Creditor: Petitioning Creditor (Judgment Creditor); Judgment Debtor: Judgment Debtor (Debtor)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 May 2017
Case Number
HCB6679/2015
Procedural Posture
Bankruptcy Petition Under Bankruptcy Ordinance (cap.6) / Hearing and Judgment (bankruptcy Petition)
Outcome
Bankruptcy order granted; debtor adjudged bankrupt; costs ordered in favour of petitioner (costs nisi to be taxed and paid out of bankrupt's assets).
Legal Topics
Statutory Demand, Bankruptcy Petition, Domicile, Ordinary Residence, Place of Residence, Carrying on Business, Substituted Service, Set Aside Judgment, Travel Restriction Order, Admissibility of Foreign Notarisation
Source Language
EN
Bankruptcy Insolvency Civil Procedure Enforcement of Foreign Judgment Service of Process Statutory Demand Bankruptcy Petition Domicile +7 more

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Parties

Petitioning Creditor (Judgment Creditor)

Petitioning Creditor

Judgment Debtor (Debtor)

Judgment Debtor

Procedural Posture

Bankruptcy Petition Under Bankruptcy Ordinance (cap.6) / Hearing and Judgment (bankruptcy Petition)

Legal Issues

  1. 1 Whether requirements of section 4(1) BO (domicile/presence/ordinary residence/place of residence/carrying on business) were satisfied
  2. 2 Whether debt was unpaid and provable under section 6D(1) BO
  3. 3 Whether statutory demand and petition were validly served

Ratio Decidendi

The court excluded the Draft 5th Affirmation as inadmissible (undated, un‑affirmed, un‑notarised), found the debtor failed to discharge the burden of proving change of domicile or that he was not ordinarily resident, had no place of residence or had ceased carrying on business in Hong Kong within the relevant three‑year period, concluded the statutory requirements of sections 4(1) and 6D(1) were satisfied and granted the bankruptcy order against the debtor with costs to the petitioner to be taxed and paid out of the bankrupt's assets.

Court Disposition

Bankruptcy order granted; debtor adjudged bankrupt; costs ordered in favour of petitioner (costs nisi to be taxed and paid out of bankrupt's assets).

Orders

  • Bankruptcy order against the debtor granted; debtor adjudged bankrupt
  • Costs order nisi in favour of petitioning creditor to be taxed and paid out of the assets of the bankrupt