RE FU WAI LOI

RE FU WAI LOI

Substituted service ordered by the Master was properly executed and complied with; inclusion of the creditor's solicitor as agent on the bankruptcy notice is permitted by s.4 and the prescribed form; the judgment recitals met s.3(1)(g); however the petitioner failed to prove Mr. Fu's domicile in Hong Kong so the petition against him must be dismissed, whereas there was no contest to the petition against Mr. Li and a receiving order should be granted in the terms sought.

Citation
RE FU WAI LOI
Parties
Creditor: BESTECH DEVELOPMENT LIMITED; Debtor: FU WAI LOI; Debtor: LI YAN CHUNG; Official Receiver: OFFICIAL RECEIVER
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 1992
Case Number
HCB441/1992
Procedural Posture
Bankruptcy / Hearing and Judgment on Petitions for Receiving Orders
Outcome
Petition against Fu Wai Loi dismissed for failure to prove domicile; petition against Li Yan Chung granted and receiving order to be made in terms of the petition.
Legal Topics
Substituted Service, Bankruptcy Notice, Domicile, Receiving Order, Service of Process
Source Language
EN
Bankruptcy Civil Procedure Substituted Service Bankruptcy Notice Domicile Receiving Order Service of Process

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

BESTECH DEVELOPMENT LIMITED

Creditor

FU WAI LOI

Debtor

LI YAN CHUNG

Debtor

OFFICIAL RECEIVER

Official Receiver

Procedural Posture

Bankruptcy / Hearing and Judgment on Petitions for Receiving Orders

Legal Issues

  1. 1 Validity of substituted service of bankruptcy notices
  2. 2 Permissibility of specifying creditor's solicitor as agent on bankruptcy notice
  3. 3 Whether failure to specify costs on the notice invalidates it

Ratio Decidendi

Substituted service ordered by the Master was properly executed and complied with; inclusion of the creditor's solicitor as agent on the bankruptcy notice is permitted by s.4 and the prescribed form; the judgment recitals met s.3(1)(g); however the petitioner failed to prove Mr. Fu's domicile in Hong Kong so the petition against him must be dismissed, whereas there was no contest to the petition against Mr. Li and a receiving order should be granted in the terms sought.

Court Disposition

Petition against Fu Wai Loi dismissed for failure to prove domicile; petition against Li Yan Chung granted and receiving order to be made in terms of the petition.

Orders

  • Dismiss petition B441/1992 (Fu Wai Loi) for a receiving order
  • Make receiving order in petition B442/1992 (Li Yan Chung) in the terms sought in the petition