Hong Kong Case Law: Decisions & Judgments

Topic

Creditor opposition

Legal area

Court

14 Jun 2004

RE GOLD WO INTERNATIONAL HOLDINGS LTD

Citation

RE GOLD WO INTERNATIONAL HOLDINGS LTD
Court

Court of First Instance
Case number

HCCW33/2003

There was no viable restructuring proposal before the court nor in‑principle support from the statutory majority of creditors and, given the terminated investor agreement and Stock Exchange rejection, further adjournment was unwarranted; accordingly winding‑up orders were made for each company and petitioners' costs were to be paid out of the respective companies' assets.
9 Sept 2002

RE LIU WING KIN

Citation

RE LIU WING KIN
Court

Court of First Instance
Case number

HCB8385/2002

Because the debtor demonstrated inability to pay his total indebtedness and provided full and detailed disclosure addressing the bank's concerns, the opposing creditor withdrew its opposition and the court made a bankruptcy order with no order as to costs.
3 Jun 2002

RE TSANG KIN MAN

Citation

RE TSANG KIN MAN
Court

Court of First Instance
Case number

HCB1167/2002

On the basis of the debtor's Statement of Affairs demonstrating that total liabilities greatly exceed assets and that he is unable to pay his debts, the court was satisfied to make a bankruptcy order against the debtor.
21 May 2002

Re HKSTC Warrington Fire Research Ltd.

Citation

Re HKSTC Warrington Fire Research Ltd.
Court

Court of First Instance
Case number

HCCW684/2001

The court found the debt was due to the Petitioner, exercised its discretion to wind up the Company, and held that the Opposing Contributory's opposition was not unreasonable because it was also a substantial creditor; no lack of bona fides was found and mere self-interest did not justify departing from the usual costs order, so the usual costs order was maintained.

Hong Kong Case Law

RE GOLD WO INTERNATIONAL HOLDINGS LTD

RE LIU WING KIN

RE TSANG KIN MAN

Re HKSTC Warrington Fire Research Ltd.