24 Dec 1998
INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE
- Citation
- INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE
- Court
- Court of First Instance
- Case number
- HCB866/1998
Service of the statutory demands and of the petitions was irregular and failed to meet the mandatory requirements of Bankruptcy Rules 46 and 49 (no adequate steps to effect personal service, affidavit defective). That irregularity triggered the court's discretion under Rule 49(9) to decline to file the petitions; given the seriousness of the defects and compounded irregular service of the petitions, the statutory demands and petitions are set aside. Rule 203 does not permit cure of such fundamental service failures where strict compliance is required.