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.