Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bankruptcy rules compliance

  • 26 Jan 2026

    RE TSOI MAN

    Citation
    [2026] HKCFI 586
    Court
    Court of First Instance
    Case number
    HCB5570/2025

    The Petition was dismissed because the Petitioner failed to comply with mandatory procedural requirements (no proper verifying affidavit as required by rule 56/Form 11), the statutory demand and petition contained material inconsistencies (notably as to the date of the Guarantee and the agreement relied upon), and there exists an arguable bona fide dispute on substantial grounds whether the Guarantee as drafted covers liabilities under the 2025 Agreement, such that it was inappropriate to make a bankruptcy order.

  • 18 Sept 2025

    RE CHAN SZE MING MICHAEL

    Citation
    [2025] HKCFI 4401
    Court
    Court of First Instance
    Case number
    HCB1385/2025

    The statutory demand was validly served by a combination of personal delivery at the 21 January meeting, transmission to the Specified Email which the debtor had agreed could be used, and delivery to the debtor's office; the petitioner is not a secured creditor of the debtor because the guarantees are personal; the debtor failed to specify and prove any bona fide, substantial dispute or credible contemporaneous evidence of enforceability, collateral contracts or estoppel; non‑compliance with procedural formality in the notice or service did not cause substantial injustice that could not be re…

  • 24 Dec 1998

    INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE

    Citation
    INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE
    Court
    Court of First Instance
    Case number
    HCB868/1998

    Service of the statutory demands and of the petitions was irregular and fell well short of the requirements of the Bankruptcy Rules; that irregularity triggered the court's discretion under Rule 49(9) and, compounded by defective service of the petitions, required setting aside the statutory demands (and if necessary the petitions); the petitioner must start afresh and bear the costs of this hearing.