Hong Kong Case Law: Decisions & Judgments

Topic

Annulment of adjudication

Legal area

Court

28 Oct 1999

RE LUK TSUN YIN

Citation

RE LUK TSUN YIN
Court

Court of First Instance
Case number

HCB1336/1997

Given the credible prima facie dispute as to the underlying debt, the plausible explanation for non‑service and non‑appearance due to third party interference and reliance on his father, and the petitioning creditor's changed commercial position, the court exercised its discretion under section 33 to annul the adjudication and under section 98 to rescind the receiving and adjudication orders and granted leave to set aside the default judgment out of time; the petition was dismissed.
21 Mar 1985

RE LAU MAN WAI

Citation

RE LAU MAN WAI
Court

Court of First Instance
Case number

HCB656/1984

The court found on the evidence that the petition was properly served at the debtor's last known address, the omission in the original affirmation was remedied by a supplemental affirmation and did not cause substantial injustice under s124(1), and therefore the application to rescind the receiving order must be dismissed; the matter should be investigated by the Official Receiver and any annulment can follow if s33(1) criteria are met after investigation.
21 Dec 1984

RE CHOW LIN SHING t/a TAK HING PAPER BOXES FACTORY

Citation

RE CHOW LIN SHING t/a TAK HING PAPER BOXES FACTORY
Court

Court of First Instance
Case number

HCB451/1984

Applicant has locus as a person interested under Section 33 but failed to establish grounds to annul the adjudication; the 15% rule is discretionary and inapplicable where preferential creditors exist; absence of a mandatory Rule 80(3) report was noted but oral figures were accepted; therefore annulment and rescission were refused.
5 Dec 1984

RE CHUN HING METAL & PLASTIC MOULD FACTORY

Citation

RE CHUN HING METAL & PLASTIC MOULD FACTORY
Court

Court of First Instance
Case number

HCB274/1984

The court dismissed the application because the debtor lacked credibility, failed to comply with statutory and procedural obligations (including not filing a statement of affairs), engaged in suspicious transfers and conduct suggesting an attempt to delay payment; these factors did not justify rescinding the receiving order or annulling the adjudication, so the relief sought was refused and costs awarded.

Hong Kong Case Law

RE LUK TSUN YIN

RE LAU MAN WAI

RE CHOW LIN SHING t/a TAK HING PAPER BOXES FACTORY

RE CHUN HING METAL & PLASTIC MOULD FACTORY