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Hong Kong decisions
Decisions matching the current search
The Court of First Instance granted a bankruptcy order against the debtor after finding no bona fide dispute and no evidence that the judgment debt was secured.
The court dismissed two winding-up petitions because the petitioner was a secured creditor with no real interest in winding up companies whose assets were effectively encumbered.
The Court of Appeal dismissed the liquidators’ appeal, upholding the refusal to take over the mortgage defence and the admission of the Chen sisters’ proofs of debt.
The court ordered Silver Base (Holdings) Ltd wound up after finding the debt unpaid, late evidence unjustified, and the security valuation unproven.
The Court of First Instance dismissed a summons for interim payments arising from disputed financing and share-transfer transactions, finding the plaintiff had not shown likely judgment at trial.
The Court of Appeal dismissed a challenge to a strike-out order, holding the plaintiffs’ loss was merely reflective of Accufit’s loss and barred by the no reflective loss principle.
The Court of First Instance dismissed mortgagors’ injunction and amendment applications in HCA 1359/2014, but granted YDL interim relief against ex-directors in HCA 1341/2014.
Appeal against an order extending time to register a floating charge was dismissed. The court found no credible basis to upset the master’s discretion or set aside the registration.
The court refused to sanction a scheme of arrangement for KB (Asia) Limited because the voting classes were wrongly constituted and related-party votes should be discounted.
The court dismissed a conversion claim over diamonds shipped to Hong Kong, holding the plaintiff lacked possession rights and could not raise an unpleaded Warsaw Convention argument.
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