RE GRANDEUR CONSTRUCTION CO

RE GRANDEUR CONSTRUCTION CO

Given evidence that the debtor left Hong Kong for Canada and no practical means existed to serve him personally, and having found the petitioner took all reasonable steps to locate him, substituted service by advertisement in specified Canadian newspapers was a proper exercise of discretion and supported making the receiving order; Master Woolley’s orders for substituted service were upheld and the receiving order was validly made.

Citation
RE GRANDEUR CONSTRUCTION CO
Parties
Petitioner: Law Hoi Chuen (by his wife and next friend Chan Wai Ling); Debtor: John Lee Yiu Keung; Respondent (company of Which Debtor Was Sole Proprietor): Grandeur Construction Company; Official Receiver (appearing as Amicus): Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 February 1987
Case Number
HCB555/1986
Procedural Posture
Bankruptcy / Hearing and Judgment on Petition for Receiving Order (receiving Order Made)
Outcome
Receiving order made against Grandeur Construction Company (debtor John Lee Yiu Keung); substituted service orders upheld; costs ordered as usual to petitioner.
Legal Topics
Substituted Service, Bankruptcy Notice, Receiving Order, Act of Bankruptcy, Service Abroad, Advertisement of Proceedings
Source Language
EN
Bankruptcy Civil Procedure Service of Process Personal Injury (underlying Claim) Substituted Service Bankruptcy Notice Receiving Order Act of Bankruptcy +2 more

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Parties

Law Hoi Chuen (by his wife and next friend Chan Wai Ling)

Petitioner

John Lee Yiu Keung

Debtor

Grandeur Construction Company

Respondent (company of Which Debtor Was Sole Proprietor)

Official Receiver

Official Receiver (appearing as Amicus)

Procedural Posture

Bankruptcy / Hearing and Judgment on Petition for Receiving Order (receiving Order Made)

Legal Issues

  1. 1 Whether substituted service by advertisement in foreign newspapers was sufficient to bring notice to the debtor
  2. 2 Whether the petitioner took all reasonable steps to locate the debtor before ordering substituted service
  3. 3 Whether a receiving order should be made where the debtor has left the jurisdiction with intent to defeat creditors

Ratio Decidendi

Given evidence that the debtor left Hong Kong for Canada and no practical means existed to serve him personally, and having found the petitioner took all reasonable steps to locate him, substituted service by advertisement in specified Canadian newspapers was a proper exercise of discretion and supported making the receiving order; Master Woolley’s orders for substituted service were upheld and the receiving order was validly made.

Court Disposition

Receiving order made against Grandeur Construction Company (debtor John Lee Yiu Keung); substituted service orders upheld; costs ordered as usual to petitioner.

Orders

  • Receiving order made against Grandeur Construction Company (debtor John Lee Yiu Keung)
  • Order amending petition to add act of bankruptcy that debtor remained out of Hong Kong with intent to defeat or delay creditors