RE WONG CHIU WO RICHARD

RE WONG CHIU WO RICHARD

The court held the statutory demand established the debtor's inability to pay and the debtor failed to show special circumstances to justify the 14‑month extension to challenge the demand; the omission about stating security was rendered moot by events and amendment; service was not effectively challenged in time; accordingly the bankruptcy order was made and applications and adjournment refused.

Citation
[2021] HKCFI 531
Parties
Petitioner: IU WAI CHING JONATHAN DOMINIC; Debtor: WONG CHIU WO RICHARD; Supporting Creditor: Cheung Siu Ling; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 March 2021
Case Number
HCB3225/2020
Procedural Posture
Bankruptcy Petition / Judgment (reasons for Judgment)
Outcome
Bankruptcy order made against Mr Wong Chiu Wo Richard
Legal Topics
Statutory Demand, Charging Order, Service of Process, Extension of Time, Insolvency Petitions, Costs
Source Language
EN
Bankruptcy Civil Procedure Property Law Equity Statutory Demand Charging Order Service of Process Extension of Time +2 more

Case Brief

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Parties

IU WAI CHING JONATHAN DOMINIC

Petitioner

WONG CHIU WO RICHARD

Debtor

Cheung Siu Ling

Supporting Creditor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether the statutory demand was defective for failing to state security or its value under rule 44(5) of the Bankruptcy Rules
  2. 2 Whether the debtor's application to set aside the statutory demand was time‑barred under rule 47(2) and not made within the required time or shown special circumstances for extension
  3. 3 Whether service of the statutory demand was valid or effectively accepted by the debtor

Ratio Decidendi

The court held the statutory demand established the debtor's inability to pay and the debtor failed to show special circumstances to justify the 14‑month extension to challenge the demand; the omission about stating security was rendered moot by events and amendment; service was not effectively challenged in time; accordingly the bankruptcy order was made and applications and adjournment refused.

Court Disposition

Bankruptcy order made against Mr Wong Chiu Wo Richard

Orders

  • Bankruptcy order made against Mr Wong Chiu Wo Richard
  • Debtor ordered to pay costs of adjournment assessed at HKD 53,000 to the petitioner (1st Costs Order)