RE LEE YEE WAH

RE LEE YEE WAH

The substituted service order was validly executed and the petitioner took reasonable steps to bring the demands and petitions to the respondents' attention; the respondents failed to comply with Bankruptcy Rules in seeking to set aside the statutory demands and raised late and unsupported challenges; an earlier petition does not bar the later petition; accordingly the bankruptcy petitions succeed and orders for adjudication should be made.

Citation
[2024] HKCFI 956
Parties
Petitioner: Bank of Communications (Hong Kong) Limited; Debtor: Choy Chi Fung Orpheus; Debtor: Lee Yee Wah
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 April 2024
Case Number
HCB1932/2023
Procedural Posture
Bankruptcy / Judgment (adjudication)
Outcome
R1 (Choy Chi Fung Orpheus) and R2 (Lee Yee Wah) adjudged bankrupt; all respondents' summonses and setting aside summonses dismissed.
Legal Topics
Statutory Demand, Substituted Service, Setting Aside Statutory Demand, Duplicate/parallel Petitions, Abuse of Process, Indemnity Costs
Source Language
EN
Bankruptcy Civil Procedure Service of Process Costs Statutory Demand Substituted Service Setting Aside Statutory Demand Duplicate/parallel Petitions +2 more

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Parties

Bank of Communications (Hong Kong) Limited

Petitioner

Choy Chi Fung Orpheus

Debtor

Lee Yee Wah

Debtor

Procedural Posture

Bankruptcy / Judgment (adjudication)

Legal Issues

  1. 1 Whether the statutory demands and bankruptcy petitions were properly served (including validity of substituted service)
  2. 2 Whether the statutory demands should be set aside for non-compliance with Bankruptcy Rules
  3. 3 Whether an earlier bankruptcy petition (DBS petition) precludes or requires consolidation with a later petition

Ratio Decidendi

The substituted service order was validly executed and the petitioner took reasonable steps to bring the demands and petitions to the respondents' attention; the respondents failed to comply with Bankruptcy Rules in seeking to set aside the statutory demands and raised late and unsupported challenges; an earlier petition does not bar the later petition; accordingly the bankruptcy petitions succeed and orders for adjudication should be made.

Court Disposition

R1 (Choy Chi Fung Orpheus) and R2 (Lee Yee Wah) adjudged bankrupt; all respondents' summonses and setting aside summonses dismissed.

Orders

  • R1 adjudged bankrupt.
  • R2 adjudged bankrupt.