Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rescission of receiving orders

  • 15 Jul 1986

    WING LUNG BANK LIMITED v. WONG YIN MING SOPHIA

    Citation
    WING LUNG BANK LIMITED v. WONG YIN MING SOPHIA
    Court
    Court of Appeal
    Case number
    CACV48/1986

    Service by ordinary post complied with the applicable rules and was prima facie established where copies were sent to the debtors' usual or last known address and not returned undelivered; the deeming provision fixes the date of service unless rebutted, but a debtor who adduces credible evidence of non-receipt rebuts the deeming and may obtain rescission of receiving orders because the alleged acts of bankruptcy cannot be established.

  • 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change of address which rebutted the deeming provision; on that rehearing under s.98 the receiving orders were properly rescinded and the creditor's petitions were dismissed; costs were awarded against the Bank for failing to make reasonable enquiries and failing to challenge evidence.