INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE

INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE

Service of the statutory demands and petitions was irregular and fell materially short of the requirements of Bankruptcy Rules 46, 49 and 59; the court's discretion under Rule 49(9) was engaged and, in the circumstances, the petitions should not have been filed and must be set aside; Rule 203 did not justify curing or waiving the defective service; costs to be borne by the Petitioner.

Citation
INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE
Parties
Creditor: International Bank of Asia Limited; Debtor: Cheung Hoi Chu; Debtor: Tang Ting Kwan; Debtor: Tang Yiu Hong Eric; Debtor: Tang Yiu Chuen Eugene
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 December 1998
Case Number
HCB865/1998
Procedural Posture
Bankruptcy / Preliminary Hearing
Outcome
Statutory demands and petitions set aside; petitioner ordered to pay costs of and incidental to this hearing.
Legal Topics
Statutory Demand Service, Bankruptcy Rules 46 49 59 203, Irregular Service, Discretion to Decline Filing Petitions, Waiver of Defective Service, Petition Vetting Procedure
Source Language
EN
Bankruptcy Civil Procedure Service of Process Insolvency Company Law Statutory Demand Service Bankruptcy Rules 46 49 59 203 Irregular Service +3 more

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Parties

International Bank of Asia Limited

Creditor

Cheung Hoi Chu

Debtor

Tang Ting Kwan

Debtor

Tang Yiu Hong Eric

Debtor

Tang Yiu Chuen Eugene

Debtor

Procedural Posture

Bankruptcy / Preliminary Hearing

Legal Issues

  1. 1 Whether service of statutory demands by leaving at company reception and depositing in residence letterbox satisfies Bankruptcy Rule 49(5)/(6)
  2. 2 Whether irregular service of statutory demands and petitions engages the court's discretion under Rule 49(9) to decline to file the petition
  3. 3 Whether irregular service may be cured or waived under Rule 203

Ratio Decidendi

Service of the statutory demands and petitions was irregular and fell materially short of the requirements of Bankruptcy Rules 46, 49 and 59; the court's discretion under Rule 49(9) was engaged and, in the circumstances, the petitions should not have been filed and must be set aside; Rule 203 did not justify curing or waiving the defective service; costs to be borne by the Petitioner.

Court Disposition

Statutory demands and petitions set aside; petitioner ordered to pay costs of and incidental to this hearing.

Orders

  • Set aside the statutory demands and, if necessary, the bankruptcy petitions filed by the Petitioner
  • Order nisi that the costs of and incidental to this hearing be borne by the Petitioner