29 Nov 2012
LAU SIU HUNG AND ANOTHER v. MAN KWAI FONG
- Citation
- LAU SIU HUNG AND ANOTHER v. MAN KWAI FONG
- Court
- Court of First Instance
- Case number
- HCCW11/2010
Court found the Liquidators proved all required elements: Ms Man was a creditor and associate; the seven payments within the two‑year window gave her a better position in an insolvent liquidation; the Company was insolvent at the time under the cash flow test; the statutory presumption of desire to prefer was not rebutted and the alleged board authorization did not negate the statutory regime; therefore repayments were recoverable and an order nisi was made for repayment of HK$700,000 and costs to the Liquidators.