RE LI YAN CHUNG

RE LI YAN CHUNG

Substituted service by post to the business address and advertisement was properly ordered and complied with and was not invalidated by inclusion of the petitioner's solicitor as agent under s.4; the petitioner failed to discharge the burden of proving Fu Wai Loi was domiciled in Hong Kong so the petition against him must be dismissed; there was no contest as to Li Yan Chung and a receiving order was made against him.

Citation
RE LI YAN CHUNG
Parties
Judgment Creditor / Petitioner: Bestech Development Limited; Judgment Debtor / Respondent: Fu Wai Loi; Judgment Debtor / Respondent: Li Yan Chung; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 1992
Case Number
HCB442/1992
Procedural Posture
Bankruptcy / Hearing and Judgment on Petitions (receiving Order Applications)
Outcome
Petition against Fu Wai Loi dismissed for failure to prove domicile; Receiving Order granted against Li Yan Chung; parties to be heard on costs.
Legal Topics
Substituted Service, Domicile, Bankruptcy Notice, Receiving Order, Service of Process, Prescribed Form
Source Language
EN
Bankruptcy Civil Procedure Substituted Service Domicile Bankruptcy Notice Receiving Order Service of Process Prescribed Form

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Parties

Bestech Development Limited

Judgment Creditor / Petitioner

Fu Wai Loi

Judgment Debtor / Respondent

Li Yan Chung

Judgment Debtor / Respondent

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy / Hearing and Judgment on Petitions (receiving Order Applications)

Legal Issues

  1. 1 Whether substituted service of bankruptcy notices was valid
  2. 2 Whether inclusion of petitioner's solicitor as agent on the notice invalidated the notice
  3. 3 Whether the notices sufficiently specified the amount payable/costs

Ratio Decidendi

Substituted service by post to the business address and advertisement was properly ordered and complied with and was not invalidated by inclusion of the petitioner's solicitor as agent under s.4; the petitioner failed to discharge the burden of proving Fu Wai Loi was domiciled in Hong Kong so the petition against him must be dismissed; there was no contest as to Li Yan Chung and a receiving order was made against him.

Court Disposition

Petition against Fu Wai Loi dismissed for failure to prove domicile; Receiving Order granted against Li Yan Chung; parties to be heard on costs.

Orders

  • Petition B441/1992 (Fu Wai Loi) dismissed
  • Receiving Order to be made in Petition B442/1992 (Li Yan Chung) as sought