Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bankruptcy rules r48

Legal area

Court

30 Jan 2024

PONOMAROVA OLENA v. NORTHCROFT HONG KONG LTD

Citation

[2024] HKCFI 440
Court

Court of First Instance
Case number

HCSD56/2023

The applicant provided no credible, precise sworn evidence to demonstrate a bona fide dispute on substantial grounds to challenge the judgment debt; mere assertions and a pending leave to appeal are insufficient, therefore the statutory demand must stand and the application to set it aside is dismissed under rule 48(4), with authorization to present a bankruptcy petition under rule 48(7) and an award of costs to the respondent.
6 Mar 1996

SANYO SECURITIES (ASIA) LTD v. LIN KUANG LUNG RAYMOND

Citation

SANYO SECURITIES (ASIA) LTD v. LIN KUANG LUNG RAYMOND
Court

Court of First Instance
Case number

HCB1335/1995

The court held the order for substituted service was properly made because prompt personal service could not be effected and the debtor could not be located; formal defects in the notice did not invalidate proceedings under s.124; accordingly the applications to stay execution, to set aside substituted service and to set aside the Bankruptcy Notice were dismissed with costs to the creditor.