The Hongkong and Shanghai Banking Corp Ltd v Rasmachayana Sulistyo alias Chang Whe Ming

The Hongkong and Shanghai Banking Corp Ltd v Rasmachayana Sulistyo alias Chang Whe Ming

Service of the statutory demand was valid: service left at the forwarding agent's address pursuant to an agreement between the parties constituted proper personal service via application of O 62 r 3 through s 11 of the Bankruptcy Act; alternatively, substituted service by advertisement of a notice of the statutory...

Source-derived case information.

Citation
[2004] SGHC 87
Parties
Petitioning Creditor: The Hongkong and Shanghai Banking Corporation Limited; Debtor: Rasmachayana Sulistyo alias Chang Whe Ming
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
4 October 2004
Case Number
Bankrutcy 115/2004
Procedural Posture
Bankruptcy Petition / Hearing and Decision Resulting in Bankruptcy Order (final)
Outcome
Bankruptcy order made against Rasmachayana Sulistyo alias Chang Whe Ming
Legal Topics
Statutory Demand, Substituted Service, Personal Service, Application of Rules of Court to Bankruptcy Proceedings, Jurisdiction Under S 60(1)(b) of the Bankruptcy Act
Source Language
english
Bankruptcy Law Civil Procedure Service of Process Jurisdiction Statutory Demand Substituted Service Personal Service Application of Rules of Court to Bankruptcy Proceedings +1 more

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Parties

The Hongkong and Shanghai Banking Corporation Limited

Petitioning Creditor

Rasmachayana Sulistyo alias Chang Whe Ming

Debtor

Procedural Posture

Bankruptcy Petition / Hearing and Decision Resulting in Bankruptcy Order (final)

Legal Issues

  1. 1 Whether the statutory demand was validly served (personal service by agreement or substituted service)
  2. 2 Whether advertisement of a notice (rather than whole demand) satisfies r 96(4)(c) of the Bankruptcy Rules
  3. 3 Whether O 62 r 3 Rules of Court applies to bankruptcy personal service via s 11 of the Bankruptcy Act

Ratio Decidendi

Service of the statutory demand was valid: service left at the forwarding agent's address pursuant to an agreement between the parties constituted proper personal service via application of O 62 r 3 through s 11 of the Bankruptcy Act; alternatively, substituted service by advertisement of a notice of the statutory demand complied with r 96(4)(c) when the creditor did not know the debtor's address and a purposive interpretation of r 96 allows advertisement of a notice rather than the entire demand; the court had jurisdiction under s 60(1)(b) because the debtor owned property (shareholdings) in Singapore, and all other requirements for a bankruptcy order were met.

Court Disposition

Bankruptcy order made against Rasmachayana Sulistyo alias Chang Whe Ming

Orders

  • Bankruptcy order made against Rasmachayana Sulistyo alias Chang Whe Ming on 4 October 2004