Lee Chee Wei v Tan Hor Peow Victor: Substituted Service of Bankruptcy Process on Debtor Residing Overseas

In Lee Chee Wei v Tan Hor Peow Victor, the High Court of Singapore heard an appeal by the defendant, Tan Hor Peow Victor, against the decision of AR Nathaniel Khng, which dismissed his application to set aside the service of bankruptcy process. The plaintiff, Lee Chee Wei, a judgment creditor, had difficulty serving the bankruptcy papers on the defendant, who claimed to be residing overseas. The court, presided over by Justice Choo Han Teck, dismissed the defendant's appeal, finding that there was sufficient evidence to conclude that the defendant was evading service and that the substituted service was likely to bring the matter to the defendant's attention.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Defendant's appeal dismissed.

1.3 Case Type

Bankruptcy

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding substituted service of bankruptcy process. The court dismissed the appeal, finding sufficient evidence that the defendant was evading service.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lee Chee WeiPlaintiffIndividualAppeal DismissedWon
Tan Hor Peow VictorDefendant, AppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Chia Tze Yung JustinHarry Elias Partnership LLP
Jasmin Kaur SainiHarry Elias Partnership LLP
Ng Lip ChihNLC Law Asia LLP

4. Facts

  1. The plaintiff is a judgment creditor of the defendant.
  2. The plaintiff attempted to serve bankruptcy papers at the defendant’s last known residence.
  3. The defendant’s brother stated the defendant no longer lived at the residence.
  4. The plaintiff applied for substituted service.
  5. The defendant claimed to be working in China.
  6. The defendant applied to set aside the service of process.

5. Formal Citations

  1. Lee Chee Wei v Tan Hor Peow Victor, Bankruptcy No 36 of 2011 (Registrar's Appeal No 168 of 2011), [2011] SGHC 175

6. Timeline

DateEvent
Bankruptcy papers served at defendant’s last known residence.
Second attempt to serve bankruptcy papers.
Defendant’s brother informed plaintiff’s solicitors that the defendant works in China.
Plaintiff’s solicitors applied for substituted service.
Plaintiff’s solicitors directed to effect substituted service by post.
Order for substituted service affirmed.
Court order for substituted service extracted.
Substituted service effected by posting bankruptcy papers on the front door.
Defendant applied to set aside the service of process.
Judgment reserved.

7. Legal Issues

  1. Substituted Service
    • Outcome: The court held that substituted service was valid given the circumstances of the case.
    • Category: Procedural
    • Sub-Issues:
      • Evading service
      • Service on debtor residing overseas

8. Remedies Sought

  1. Setting aside service of process
  2. Setting aside bankruptcy application

9. Cause of Actions

  • Bankruptcy Application

10. Practice Areas

  • Bankruptcy
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Re Peh Kong Wan, ex p United Malayan Banking Corp BhdHigh CourtYes[1992] 2 MLJ 292MalaysiaCited regarding the caution required when ordering substituted service when the debtor is known to be residing overseas.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Bankruptcy Rules (Cap 20, R1, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Substituted service
  • Bankruptcy process
  • Judgment creditor
  • Evading service
  • Last known residence

15.2 Keywords

  • bankruptcy
  • substituted service
  • service of process
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Bankruptcy90
Civil Practice60
Asset Recovery30

16. Subjects

  • Bankruptcy
  • Service of Process