1 Nov 1985
RE CHIK YIP FAI
- Citation
- RE CHIK YIP FAI
- Court
- Court of First Instance
- Case number
- HCB634/1985
Where the petition as drafted permits the recipient to calculate when the bankruptcy notice expired, correcting an erroneous calendar date is a matter of form and amendment may be allowed even if sought after the three‑month period; conversely, where service was by post and the petition fails to state the deemed date of service so that the expiry cannot be calculated, the defect is substantive and an amendment outside the three‑month period cannot be permitted and the petition must be dismissed. If the three‑month period has not expired, leave to amend to state the deemed date of service shou…