Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Affirmation of service

Legal area

Court

1 Nov 1999

RE: LI WAI MAN and EX PARTE: HANG TUNG SECURITIES LTD.

Citation

RE: LI WAI MAN and EX PARTE: HANG TUNG SECURITIES LTD.
Court

Court of First Instance
Case number

HCB211/1999

Personal service was impracticable but the creditor satisfied its obligation under R.46(2) by making reasonable attempts at the debtor's last-known business and residence, leaving letters offering appointments and advertising the demand; the first affirmation complied with R.49(5)-(7) and parts of the supplemental affirmation introducing new post-filing material were not considered; omission of identity card number was non-prejudicial and amendable under R.203; therefore the application to set aside was dismissed.
21 Mar 1985

RE LAU MAN WAI

Citation

RE LAU MAN WAI
Court

Court of First Instance
Case number

HCB656/1984

The court found on the evidence that the petition was properly served at the debtor's last known address, the omission in the original affirmation was remedied by a supplemental affirmation and did not cause substantial injustice under s124(1), and therefore the application to rescind the receiving order must be dismissed; the matter should be investigated by the Official Receiver and any annulment can follow if s33(1) criteria are met after investigation.