Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 10 rules of the supreme court

Legal area

Court

1 Nov 1985

RE YAN CHUNG KAI

Citation

RE YAN CHUNG KAI
Court

Court of First Instance
Case number

HCB414/1985

An amendment to a bankruptcy petition that corrects dates is permissible when the correct date can be calculated from the petition (defect of form); where service was by post and the petition does not make clear the deemed date of service so that the debtor cannot calculate when the notice expires, an amendment sought outside the three month period is ineffective and the petition must be dismissed.
1 Nov 1985

RE WONG MIN FOOK

Citation

RE WONG MIN FOOK
Court

Court of First Instance
Case number

HCB448/1985

If the effective date of a bankruptcy notice can be ascertained from the notice as served, an incorrect stated expiry date is a formal defect and may be amended (even if amendment is applied for after the three month period); if service was by post and the petition fails to state the date when service is deemed effective so that the act of bankruptcy date cannot be calculated, the defect is substantive and amendment will not cure the petition once the three month period has expired.