Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Acts of bankruptcy

  • 10 Jun 1997

    RE MICHAEL MA WING

    Citation
    RE MICHAEL MA WING
    Court
    Court of First Instance
    Case number
    HCB181/1985

    The court held that although service of the petition was defective, the Rules of the Supreme Court are incorporated into the bankruptcy legislation via s99(1) and grant the court a discretion to treat failures as irregularities; the applicant's deliberate departure with intent to defeat creditors, long delay, evasion of the Official Receiver and failure to take steps or give explanation amounted to waiver of any defect and justified refusal to rescind the receiving order; accordingly the motion was refused and costs awarded to the petitioner and the Official Receiver.

  • 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.