RE MIAO ZHENGUO

RE MIAO ZHENGUO

Petitioner had taken all reasonable steps to bring the statutory demand to the debtor's attention (personal service, WeChat, SMS, postal service, advertisements); the debtor was ordinarily resident and had a place of residence in Hong Kong within the relevant 3-year period (TKS address, tax filings, HKID, presence); the debtor failed to establish a bona fide dispute about the petitioning debt's foundation; petitioner properly and expressly abandoned security in the petition under s6B(1) BO; accordingly the petition was properly presented and the setting aside application failed.

Citation
[2022] HKCFI 1852
Parties
Debtor: Miao Zhenguo; Petitioner (creditor): Bilistyle Investments Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2022
Case Number
HCB6498/2020
Procedural Posture
Bankruptcy Petition / Substantive Hearing on Petition and Setting Aside Application
Outcome
Bankruptcy order made against Mr Miao Zhenguo; Setting Aside Application dismissed
Legal Topics
Statutory Demand, Service of Process, Jurisdictional Gateways (domicile/ordinary Residence/place of Residence), Setting Aside Ex Parte Leave, Security and Abandonment of Security, Authenticity of Documents
Source Language
EN
Bankruptcy Insolvency Civil Procedure Private International Law Statutory Demand Service of Process Jurisdictional Gateways (domicile/ordinary Residence/place of Residence) Setting Aside Ex Parte Leave +2 more

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Parties

Miao Zhenguo

Debtor

Bilistyle Investments Limited

Petitioner (creditor)

Procedural Posture

Bankruptcy Petition / Substantive Hearing on Petition and Setting Aside Application

Legal Issues

  1. 1 Whether creditor did all that was reasonable to bring the statutory demand to the debtor's attention under Rule 46(2) BR
  2. 2 Whether the court had jurisdiction under s4 BO (domicile, presence or ordinary residence/place of residence)
  3. 3 Whether there was a bona fide dispute on substantial grounds as to the petitioning debt (authenticity of the Loan Agreement)

Ratio Decidendi

Petitioner had taken all reasonable steps to bring the statutory demand to the debtor's attention (personal service, WeChat, SMS, postal service, advertisements); the debtor was ordinarily resident and had a place of residence in Hong Kong within the relevant 3-year period (TKS address, tax filings, HKID, presence); the debtor failed to establish a bona fide dispute about the petitioning debt's foundation; petitioner properly and expressly abandoned security in the petition under s6B(1) BO; accordingly the petition was properly presented and the setting aside application failed.

Court Disposition

Bankruptcy order made against Mr Miao Zhenguo; Setting Aside Application dismissed

Orders

  • Usual bankruptcy order against Mr Miao Zhenguo
  • Order nisi that costs of the Petition, including reserved costs, be to the Petitioner