Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 10 rule 3

  • 1 Nov 1985

    RE YAM SZE PUI

    Citation
    RE YAM SZE PUI
    Court
    Court of First Instance
    Case number
    HCB413/1985

    Amendments to bankruptcy petitions are permissible where the error is one of form because the correct act of bankruptcy date can be calculated from facts correctly pleaded; however where service was by post and the petition does not state that service is deemed after a prescribed period so that the effective date cannot be calculated, the defect is substantive and the petition must be dismissed if the three month period has expired; if the three month period has not expired leave to amend may be granted to state the deemed date of service.

  • 1 Nov 1985

    RE NG YIN MAN, FARWINA

    Citation
    RE NG YIN MAN, FARWINA
    Court
    Court of First Instance
    Case number
    HCB415/1985

    Where the original notice enables the debtor to calculate when the bankruptcy notice expired the incorrect dating in the petition is a formal defect and leave to amend may be granted even if the amendment is made after the three month period; where service was by post the petition must reflect the deemed date (seven days after posting) and if the petition does not allow calculation of the effective date the defect is substantive and the petition must be dismissed when the three month period has expired.

  • 1 Nov 1985

    RE YIP KIT WAH

    Citation
    RE YIP KIT WAH
    Court
    Court of First Instance
    Case number
    HCB416/1985

    Amendments correcting dates in bankruptcy petitions are permissible where the correct date of expiry can be calculated from the petition (defect is formal); where the petition as drafted does not permit calculation (for example where service was by post and the petition fails to state the deemed date), the petition is defective and, if the three-month period has expired, must be dismissed. Amendments are allowed where made within the three-month period to cure defects that enable calculation of the expiry date.