Re Chan Yoo Tuck: Appeal Against Bankruptcy Order Allowed
In the High Court of Singapore, Judicial Commissioner Choo Han Teck allowed the appeal of Chan Yoo Tuck against a bankruptcy order. The court found that the judgment creditors failed to take reasonable steps to ensure the statutory demand was served on the debtor, as required by the Bankruptcy Act. The bankruptcy order filed on 26 May 1999 was set aside.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed.
1.3 Case Type
Bankruptcy
1.4 Judgment Type
Oral Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against bankruptcy order allowed. The court found the creditor failed to take reasonable steps to serve the statutory demand on the debtor.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Yoo Tuck (Tony Chandra) | Debtor, Appellant | Individual | Appeal Allowed | Won | |
| Judgment Creditors | Respondent | Other | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Thomas Lei | Chor Pee & Partners |
| Lok Vi Ming | Rodyk & Davidson |
| Chow Min Wei | Rodyk & Davidson |
4. Facts
- The petition was based on failure to pay after a statutory demand was served.
- The statutory demand was not personally served.
- The creditors sent the demand by post to the debtor's place of work, which was returned.
- Another demand was sent to a hotel in Batam, which was also returned.
- An advertisement was placed in an Indonesian newspaper.
- The debtor was not in Indonesia at the time of the advertisement.
- The creditors were aware of the debtor's residential address in Jakarta and a PO Box number.
5. Formal Citations
- RE Chan Yoo Tuck (Tony Chandra), , [2000] SGHC 94
6. Timeline
| Date | Event |
|---|---|
| Statutory demand sent by post | |
| Advertisement placed in Indonesian newspaper Kompas | |
| Bankruptcy order filed | |
| Appeal allowed |
7. Legal Issues
- Service of Statutory Demand
- Outcome: The court held that the creditors did not take reasonable steps to serve the statutory demand.
- Category: Procedural
- Sub-Issues:
- Reasonable steps to bring demand to debtor's attention
8. Remedies Sought
- Bankruptcy Order
9. Cause of Actions
- Bankruptcy Petition
10. Practice Areas
- Insolvency Law
- Bankruptcy Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Bankruptcy Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Statutory demand
- Bankruptcy Act
- Reasonable steps
- Service of demand
- Bankruptcy order
15.2 Keywords
- Bankruptcy
- Statutory Demand
- Service
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Bankruptcy | 95 |
| Statutory Demand | 80 |
| Judgments and Orders | 60 |
| Civil Procedure | 50 |
| Costs | 40 |
16. Subjects
- Bankruptcy
- Civil Procedure