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Hong Kong Case Law

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Bankruptcy [2022] HKCFI 1269

RE ASHIT SUD

The court rejected estoppel and unreasonable-refusal arguments, held the statutory demand and petition were effective despite an overstatement, and made winding-up and bankruptcy orders.

  • Estoppel
  • Statutory demand
  • One time settlement (ots)
  • Reasonable refusal of offer to secure (s178 cwumpo / s6d bo)
  • Proof of debt (s9 bo)
  • Statutory-demand
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Civil procedure [2021] HKCA 926

QUEST INVESTMENTS LTD v. LEE WAI TUNG

The Court of Appeal granted the defendant’s application for security for costs in a civil appeal, fixing security at HK$280,000 and staying the appeal pending payment.

  • Security for costs
  • Jurisdiction to wind up foreign company
  • Bona fide dispute as to debt
  • Statutory demand
  • Enforcement of costs orders
  • Security-for-costs
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Company law [2019] HKCFI 1669

FRIENDSHIP INVESTMENTS LTD v. TO CHUN FAN AND OTHERS

The court refused a broad injunction restraining sale of company properties, but granted a notification order requiring 14 days’ written notice before any deal.

  • Just and equitable winding up
  • Unfair prejudice petition
  • Prohibitory injunction
  • Notification injunction
  • Quasi-partnership
  • Mismanagement
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Company law BANK OF BARODA v. PSONS LTD

BANK OF BARODA v. PSONS LTD

Petition for winding up of Psons Limited was granted after the court found no useful basis for a further adjournment and no substantive opposition to the debt.

  • Creditor's petition
  • Unpaid debt
  • Adjournment
  • Bona fide dispute
  • Creditors-petition
  • Winding-up
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Company law RE K.C.K. GARMENT FACTORY LTD

RE K.C.K. GARMENT FACTORY LTD

The court refused further adjournment, found no concrete restructuring proposal, and made winding-up orders for five related companies while keeping the provisional liquidators in office.

  • Provisional liquidation jurisdiction
  • Moratorium on enforcement
  • Misuse of provisional liquidation
  • Creditor protection
  • Restructuring proposals
  • Winding-up
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Company law RE KOKIN LTD

RE KOKIN LTD

The court made winding-up orders for five related companies after repeated adjournments failed to produce a concrete restructuring proposal.

  • Winding-up petitions
  • Provisional liquidators
  • Debt restructuring
  • Moratorium
  • Winding-up
  • Provisional-liquidation
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Civil SIBERIAN MINING GROUP CO LTD v. ZHI, CHARLES

SIBERIAN MINING GROUP CO LTD v. ZHI, CHARLES

The Court of First Instance made a consent restraint order against Charles Zhi, requiring leave before he could start fresh Hong Kong proceedings against SMG.

  • Vexatious litigation
  • Restraint order under s27 high court ordinance
  • Leave to commence proceedings
  • Abuse of process
  • Strike out
  • Interlocutory injunctions
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Company law RE JOY RICH DEVELOPMENT LTD

RE JOY RICH DEVELOPMENT LTD

The court admitted Fameway Finance Limited to vote as an unsecured creditor for its shortfall and refused to dissolve the Committee of Inspection in Joy Rich Development Limited’s winding up.

  • Committee of inspection
  • Proof of debt and voting rights
  • Registration of charges
  • Priority between secured creditors
  • Court supervision of liquidations
  • Committee-of-inspection
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Company law LU JUN v. ASTROTEC COMPANY LTD (IN LIQUIDATION)

LU JUN v. ASTROTEC COMPANY LTD (IN LIQUIDATION)

The Court of First Instance refused the respondent’s application to file opposing evidence out of time, finding the delay unexplained and the excuses unparticularised.

  • Late filing of evidence
  • Section 255
  • Section 228a
  • Appointment of receiver
  • Court discretion
  • Late-filing-of-evidence
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Civil procedure AU KWOK HUNG v. NTK TECHNOLOGIES (HK) LTD AND ANOTHER

AU KWOK HUNG v. NTK TECHNOLOGIES (HK) LTD AND ANOTHER

The court dispensed with personal service of a disclosure order and directed substituted service, finding reasonable attempts had been made and evasion could be inferred.

  • Substituted service
  • Personal service
  • Enforcement of disclosure orders
  • Committal proceedings
  • Substituted-service
  • Personal-service
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.