Lee Han Min Garry v Piong Michelle Lucia: Appeal Against Dismissal of Application to Set Aside Statutory Demand

Lee Han Min Garry appealed against the Assistant Registrar's decision to dismiss his application to set aside a statutory demand for $90,000 served by Piong Michelle Lucia. The High Court dismissed the appeal, finding that the service of the statutory demand was valid, as the appellant had deemed notice of the demand. The court ordered costs of $2,000 to the respondent.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Insolvency

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against the dismissal of an application to set aside a statutory demand. The court dismissed the appeal, finding the service of the demand valid.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lee Han Min GarryAppellantIndividualAppeal DismissedLost
Piong Michelle LuciaRespondentIndividualAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuSenior JudgeYes

4. Counsels

Counsel NameOrganization
Remya AravamuthanRemya A Law Practice
Lee Chia WenRHTLaw Taylor Wessing LLP

4. Facts

  1. The appellant applied to set aside a statutory demand for $90,000 served by the respondent.
  2. The respondent's process server attempted personal service but was unsuccessful.
  3. Substituted service was effected by posting the demand on the front door/letter box of the appellant's premises.
  4. The appellant claimed he did not receive the demand until after the bankruptcy documents were served.
  5. The appellant failed to explain why he did not check the letter box regularly.
  6. The respondent filed a creditor’s bankruptcy petition against the appellant.

5. Formal Citations

    6. Timeline

    DateEvent
    Appellant married the respondent
    Statutory demand dated
    Respondent's solicitors' process server attempted to serve the demand on the appellant
    Respondent's solicitors' process server attempted to serve the demand on the appellant
    Substituted service of the demand effected by posting on the front door of the premises
    Process server filed affidavit of service
    Process server attempted to serve the appellant with the bankruptcy petition
    Process server attempted to serve the appellant with the bankruptcy petition
    Process server attempted to serve the appellant with the bankruptcy petition
    Application for substituted service of the bankruptcy documents granted
    Substituted service of the bankruptcy documents effected
    Appellant's first affidavit filed
    Respondent filed reply affidavit
    Appeal hearing
    Appeal dismissed with costs

    7. Legal Issues

    1. Validity of Service of Statutory Demand
      • Outcome: The court held that the appellant had deemed notice of the demand, and the service was valid.
      • Category: Procedural
      • Sub-Issues:
        • Substituted service
        • Deemed notice

    8. Remedies Sought

    1. Order setting aside the statutory demand

    9. Cause of Actions

    • No cause of actions

    10. Practice Areas

    • Bankruptcy
    • Commercial Litigation

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    Re Rasmachayana Sulistyo (alias Chang Whe Ming), ex parte The Hongkong and Shanghai Banking Corp LtdHigh CourtYes[2005] 1 SLR(R) 483SingaporeCited for the principle that the essence of service requirements under the Bankruptcy Rules is to ensure that the statutory demand is brought to the personal attention of the debtor.

    13. Applicable Rules

    Rule Name
    Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed) r 96
    Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed) r 97

    14. Applicable Statutes

    Statute NameJurisdiction
    Bankruptcy Rules (Cap 20, R 1, 2006 Rev Ed)Singapore
    Bankruptcy Act (Cap 20, 2009 Rev Ed)Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Statutory demand
    • Substituted service
    • Bankruptcy petition
    • Deemed notice
    • Affidavit of service
    • Creditor's petition

    15.2 Keywords

    • Bankruptcy
    • Statutory Demand
    • Service
    • Insolvency

    17. Areas of Law

    Area NameRelevance Score
    Bankruptcy90
    Insolvency Law85
    Statutory Demand75
    Civil Procedure30

    16. Subjects

    • Bankruptcy
    • Service of Process