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Hong Kong decisions
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The Court of Appeal ordered HK$500,000 security for costs for an appeal from a bankruptcy order, finding the appellant bankrupt, resident in the UK, and not strongly arguable.
The Court of First Instance dismissed a stay application and made a bankruptcy order where the debtor had not complied with a payment-into-court condition.
The application to annul was dismissed because the debtor failed to prove either s33(1)(a) grounds or to satisfy s33(1)(b): proved debts in the bankruptcy totalled HK$2,930,777.45, the debtor produced no evidence of payment or acceptable security, and obstructive conduct (withholding title deeds) prevented realisation of assets; accordingly annulment was refused and costs awarded to respondents.
Source excerpt
法院裁定原告作為前客户，有權要求被告律師行交付與 806 Action 有關、屬於原告的文件副本；並就被告反對申請判原告得按彙算方式的從屬彌償訟費。
The court made a usual bankruptcy order after rejecting the debtor’s late oral-agreement defence and finding no bona fide dispute on substantial grounds.
The debt is founded on valid and enforceable court orders; the debtor did not comply with the statutory demand, failed to show a bona fide dispute on substantial grounds or provide credible evidence to impugn the judgments, and the debtor's appeals were dismissed; accordingly a bankruptcy order was proper.
Source excerpt
The court made a bankruptcy order against Sit Wai after a registered Mainland judgment debt remained unpaid and his proposed instalment arrangement was found too vague.
The court granted a usual bankruptcy order against Lee Hon Pong on an unpaid judgment debt after a statutory demand went unsatisfied and no basis was shown to impeach the judgment.
The Court of Appeal refused leave to appeal against refusal of an interim-interim post-judgment Mareva injunction, citing lack of dissipation risk and inexcusable delay.
The court dismissed a bankruptcy petition, finding no Hong Kong jurisdiction because the debtor was not ordinarily resident, resident, or carrying on business there and was not domiciled there.
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