RE WOO CHIU LIN

RE WOO CHIU LIN

Although the petitioner had taken reasonable steps to serve the statutory demand, the ex parte grounding affidavit for substituted service of the petition was misleading by omission (failing to disclose that the debtor was represented by solicitors), rendering the substituted service irregular; that irregularity required the bankruptcy order to be set aside/annulled.

Citation
RE WOO CHIU LIN
Parties
Debtor: WOO CHIU LIN; Petitioner: CHOI YUK LUN; Official Receiver and Trustee: Official Receiver and Trustee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 2004
Case Number
HCB12249/2002
Procedural Posture
Bankruptcy Proceedings / Hearing on Debtor's Application to Set Aside Bankruptcy Order; Reasons Delivered 16 November 2004
Outcome
Bankruptcy Order made 30 October 2002 set aside/annulled/rescinded/discharged
Legal Topics
Statutory Demand Service, Substituted Service, Annulment of Bankruptcy Order, Ex Parte Application Candour, Set Off and Counterclaim
Source Language
EN
Bankruptcy Civil Procedure Service of Process Costs Statutory Demand Service Substituted Service Annulment of Bankruptcy Order Ex Parte Application Candour +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

WOO CHIU LIN

Debtor

CHOI YUK LUN

Petitioner

Official Receiver and Trustee

Official Receiver and Trustee

Procedural Posture

Bankruptcy Proceedings / Hearing on Debtor's Application to Set Aside Bankruptcy Order; Reasons Delivered 16 November 2004

Legal Issues

  1. 1 Whether service of the statutory demand was valid and whether the debtor had notice
  2. 2 Whether substituted service of the bankruptcy petition was properly obtained on ex parte application
  3. 3 Whether the bankruptcy order should be set aside/annulled due to irregular service or misstatements in ex parte papers

Ratio Decidendi

Although the petitioner had taken reasonable steps to serve the statutory demand, the ex parte grounding affidavit for substituted service of the petition was misleading by omission (failing to disclose that the debtor was represented by solicitors), rendering the substituted service irregular; that irregularity required the bankruptcy order to be set aside/annulled.

Court Disposition

Bankruptcy Order made 30 October 2002 set aside/annulled/rescinded/discharged

Orders

  • Bankruptcy Order made by Master S. Kwang on 30 October 2002 set aside, annulled, rescinded and/or discharged
  • No order as to costs between the petitioner and the debtor