RE WILIAM ZENG (FORMERLY KNOWN AS ZENG WEI)

RE WILIAM ZENG (FORMERLY KNOWN AS ZENG WEI)

Although service was adequate because the petitioner had brought the statutory demand to the debtor's attention (including by WeChat) and complied with Rule 46(2), the court set aside the ex parte leave to issue the petition for material non-disclosure by the petitioner and found the petitioner failed to establish jurisdiction under section 4(1)'s place of residence gateway; accordingly the petition was dismissed.

Citation
[2024] HKCFI 2856
Parties
Petitioner: CHF FLORIDA LIMITED; Debtor: WILIAM ZENG (曾凡偉) (FORMERLY KNOWN AS ZENG WEI)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 December 2024
Case Number
HCB4428/2023
Procedural Posture
Bankruptcy Petition / Judgment
Outcome
Petition dismissed; leave to issue the petition set aside
Legal Topics
Statutory Demand, Substituted Service, Place of Residence Gateway, Material Non Disclosure, Leave to Issue Petition, Costs
Source Language
EN
Bankruptcy Civil Procedure Service of Process Jurisdiction Statutory Demand Substituted Service Place of Residence Gateway Material Non Disclosure +2 more

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Parties

CHF FLORIDA LIMITED

Petitioner

WILIAM ZENG (曾凡偉) (FORMERLY KNOWN AS ZENG WEI)

Debtor

Procedural Posture

Bankruptcy Petition / Judgment

Legal Issues

  1. 1 Whether the statutory demand was properly served under Rule 46(2) of the Bankruptcy Rules
  2. 2 Whether ex parte leave to issue the petition should be set aside for material non-disclosure
  3. 3 Whether jurisdiction under section 4(1) Bankruptcy Ordinance was established via the place of residence gateway

Ratio Decidendi

Although service was adequate because the petitioner had brought the statutory demand to the debtor's attention (including by WeChat) and complied with Rule 46(2), the court set aside the ex parte leave to issue the petition for material non-disclosure by the petitioner and found the petitioner failed to establish jurisdiction under section 4(1)'s place of residence gateway; accordingly the petition was dismissed.

Court Disposition

Petition dismissed; leave to issue the petition set aside

Orders

  • Leave to issue and present the bankruptcy petition set aside for material non-disclosure
  • Bankruptcy Petition HCB 4428/2023 dismissed for lack of jurisdiction under section 4(1) of the Bankruptcy Ordinance