Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Annulment vs rescission

Legal area

Court

28 Sept 2020

RE CHEUNG HING CHIK also known as CHARLES H.C. CHEUNG

Citation

[2020] HKCFI 2534
Court

Court of First Instance
Case number

HCB1901/2020

Application dismissed because applicant failed to produce independent, cogent proof of availability and timing of funds; the conditional sale consideration and small deposit were inadequate and unsecured and likely undervalued, would not immediately discharge debts nor protect other creditors, the material presented was essentially the same as previously rejected and insufficient to meet the threshold for rescission under s98(1) BO; inherent jurisdiction could not substitute for statutory requirements.
22 Jul 1998

IN RE TANG MAN SIT

Citation

IN RE TANG MAN SIT
Court

Court of First Instance
Case number

HCB720/1993

Section 98(1) of the Bankruptcy Ordinance gives the court jurisdiction to rescind an administration order made under section 112, and on the facts — all known debts paid and agreement reached with trustees on fees — the court should exercise that discretion to rescind the administration order rather than attempting to annul a non-bankruptcy order.