15 Jul 1986
WING LUNG BANK LIMITED v. HO SHIU SUN
- Citation
- WING LUNG BANK LIMITED v. HO SHIU SUN
- Court
- Court of Appeal
- Case number
- CACV47/1986
The Court of Appeal held that although the receiving orders were initially regularly made because prima facie service by post was established (affidavits and non-returned notices) the debtors subsequently adduced credible unchallenged evidence of non-receipt and change of address which rebutted the deeming provision; on that rehearing under s.98 the receiving orders were properly rescinded and the creditor's petitions were dismissed; costs were awarded against the Bank for failing to make reasonable enquiries and failing to challenge evidence.