Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Duplicate petition

Legal area

Court

3 Apr 2024

RE CHOY CHI FUNG ORPHEUS

Citation

[2024] HKCFI 956
Court

Court of First Instance
Case number

HCB1930/2023

The substituted service order was validly obtained and implemented; the Respondents had actual or constructive knowledge and failed to comply with procedural requirements (including BR 47(4)), did not properly challenge substituted service in time, and the existence of an earlier petition is not a legal bar to the Petitioner obtaining a bankruptcy order; accordingly bankruptcy orders were made and indemnity costs awarded.
19 Apr 2021

RE GRAND PEACE GROUP HOLDINGS LTD

Citation

[2021] HKCFI 1142
Court

Court of First Instance
Case number

HCCW21/2021

Because the petitioner was aware of an earlier winding-up petition (HCCW 410/2019) and should have appeared on that petition as a supporting creditor or applied for substitution, the subsequent petition was improperly issued; the appropriate remedy is dismissal of the later petition and an award of costs to the company, including assessment of the Official Receiver's costs.