Hong Kong Case Law: Decisions & Judgments

Topic

Service of petition

Legal area

Court

4 Mar 2024

RE PANG YUFENG

Citation

[2024] HKCFI 663
Court

Court of First Instance
Case number

HCB4767/2022

Personal service of the statutory demand on 25 September 2021 was established by the process server's affirmations, contemporaneous photographs and GPS tag; service of the petition was effective by postage to the Wanchai address and by service on the Debtor's solicitors; the Debtor had a place of residence and was ordinarily resident in Hong Kong within the relevant three‑year period and failed to prove a change of domicile to the US; therefore the court had jurisdiction and a bankruptcy order was made against the Debtor.
30 Aug 2022

RE TSANG WAI SHAN

Citation

[2022] HKCFI 2692
Court

Court of First Instance
Case number

HCB17/2022

The petitioner discharged its onus by proving service of a statutory demand and non-payment; the debtor failed to file any credible evidence of a bona fide dispute on substantial grounds; therefore a bankruptcy order is just and appropriate and must be made.
29 Nov 2021

RE WANG HUIMIN

Citation

[2021] HKCFI 3472
Court

Court of First Instance
Case number

HCB6848/2019

On the totality of the evidence the court was not satisfied Madam Wang personally carried on a business in Hong Kong during the relevant period; additionally the Order for Substituted Service was obtained with serious material non‑disclosure/misstatements about her Shanghai addresses so the court could not be satisfied as to proof of service under s9(2) BO; accordingly there was no jurisdiction to make the Bankruptcy Order and the annulment under s33(1)(a) BO was granted.
9 Apr 2021

SINGH SANDEEP v. ADITA ADILA AFRIANI

Citation

[2021] HKCA 469
Court

Court of Appeal
Case number

CACV50/2020

The appeal was dismissed because the proper forum to challenge a decree absolute alleged to have been procured by fraud or involving disputed facts is normally the Family Court; the Court of Appeal will not resolve fresh factual disputes or hear new live evidence except in exceptional circumstances, and no such exceptional circumstance was shown here.
28 Nov 2014

RE HO KAI WA, FRANCIS

Citation

RE HO KAI WA, FRANCIS
Court

Court of First Instance
Case number

HCB1480/2014

Substituted service of the statutory demand and the petition by advertisement and ordinary post was reasonable and valid in the circumstances; the debtor was domiciled/ordinarily resident in Hong Kong and his presence for part of the day satisfied s 4(1)(b) so presentation requirements were met; the costs order was made after the earlier bankruptcy discharge and therefore is not provable as a debt of that earlier bankruptcy; accordingly the bankruptcy petition succeeds and a bankruptcy order with costs is made against the debtor.
23 Jun 2010

JAH v. VH

Citation

JAH v. VH
Court

Family Court
Case number

FCMC14350/2009

Leave to file the Answer out of time was refused. Although the delay was short and partly excusable and the allegations were serious, the wife stated she would not rely on the particulars and the confidential special procedure context and both parties' desire to proceed to decree nisi meant that granting leave would not be justified; instead the court adjourned setting down in the special procedure list for six weeks to permit further applications and encouraged negotiation/mediation.
23 Jun 2003

RE STRONGWAYS INDUSTRIAL LTD

Citation

RE STRONGWAYS INDUSTRIAL LTD
Court

Court of First Instance
Case number

HCCW459/2003

The winding-up order was justified because the petitioner proved a judgment debt, complied with service requirements including serving the new registered office after notification and obtained a Registrar's certificate of compliance, and the company failed to appear or contest the petition.
24 Dec 1998

INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE

Citation

INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE
Court

Court of First Instance
Case number

HCB866/1998

Service of the statutory demands and of the petitions was irregular and failed to meet the mandatory requirements of Bankruptcy Rules 46 and 49 (no adequate steps to effect personal service, affidavit defective). That irregularity triggered the court's discretion under Rule 49(9) to decline to file the petitions; given the seriousness of the defects and compounded irregular service of the petitions, the statutory demands and petitions are set aside. Rule 203 does not permit cure of such fundamental service failures where strict compliance is required.
24 Dec 1998

INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE

Citation

INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE
Court

Court of First Instance
Case number

HCB868/1998

Service of the statutory demands and of the petitions was irregular and fell well short of the requirements of the Bankruptcy Rules; that irregularity triggered the court's discretion under Rule 49(9) and, compounded by defective service of the petitions, required setting aside the statutory demands (and if necessary the petitions); the petitioner must start afresh and bear the costs of this hearing.
14 Apr 1995

In re First GNP Hong Kong Ltd.

Citation

In re First GNP Hong Kong Ltd.
Court

Court of First Instance
Case number

HCCW137/1995

The petitions were struck out because the alleged debt was genuinely disputed on substantial grounds and the petitions were premature while the petitioner's solicitors retained the documents of title, rendering the winding up proceedings an abuse of the court's process.