Hong Kong Case Law: Decisions & Judgments

Topic

Bankruptcy consequences

Legal area

Court

8 Nov 2022

INDIAN OVERSEAS BANK v. SEABULK SYSTEMS INC. AND OTHERS

Citation

[2022] HKCFI 3363
Court

Court of First Instance
Case number

HCA846/2012

The stay summons was dismissed because the 2nd Defendant failed to show strong grounds of appeal or that his appeal would be rendered nugatory; he provided bare assertions of irreparable harm without documentary support, there was an undue delay in seeking the stay causing prejudice to the successful plaintiff, and the balance of convenience favoured enforcement; costs were awarded to the plaintiff.
17 Dec 2013

南洋商業銀行有限公司及另一人對黃永光及另一人

Citation

南洋商業銀行有限公司及另一人對黃永光及另一人<br><br>
Court

Court of Appeal
Case number

CACV33/2013

The court found no principled error in the single judge's exercise of discretion: the judge correctly required security because the appellant did not show sufficient grounds to be excused, and correctly refused a stay because the appellant failed to show that execution would render the appeal meaningless. The interlocutory orders were therefore affirmed and the appellant's applications dismissed.
31 Mar 2010

TELINGS INTERNATIONAL HONG KONG LTD v. JOHN HO AND OTHERS

Citation

TELINGS INTERNATIONAL HONG KONG LTD v. JOHN HO AND OTHERS
Court

Court of Appeal
Case number

CACV10/2010

The application for security for costs was dismissed because the court concluded the defendants had a real and arguable appeal with reasonable prospects, and ordering security would likely be impossible to meet and would stifle the appeal and cause irreparable prejudice (including likely bankruptcy), so preservation orders were made to allow the appeal to proceed.

Hong Kong Case Law

INDIAN OVERSEAS BANK v. SEABULK SYSTEMS INC. AND OTHERS

南洋商業銀行有限公司及另一人 對 黃永光及另一人

TELINGS INTERNATIONAL HONG KONG LTD v. JOHN HO AND OTHERS

南洋商業銀行有限公司及另一人對黃永光及另一人