Hong Kong Case Law: Decisions & Judgments

Topic

Deemed inability to pay

Legal area

Court

16 Oct 2024

CHUN WO CONSTRUCTION AND ENGINEERING COMPANY LTD v. CHINA JINGYE ENGINEERING CORPORATION (HONG KONG) LTD

Citation

[2024] HKCFI 2816
Court

Court of First Instance
Case number

HCCW240/2024

The Company failed to comply with the statutory demand and with the payment condition attached to leave to file out-of-time evidence; as a result there was no admissible evidence of a bona fide dispute and the Company was therefore deemed unable to pay its debts, entitling the Petitioner to a usual winding-up order.
12 Jul 2024

RE LEE NIM WAI formerly known as LEE NIM WAI DAVID

Citation

[2024] HKCFI 1843
Court

Court of First Instance
Case number

HCB2582/2024

Bankruptcy order was made because the debtor failed to comply with statutory demands and is therefore deemed unable to pay under s.6A(1)(a) BO; the debtor's late application to file notices out of time was unjustified; the alleged future receipt of funds was speculative, unsupported by documents and not a cash or readily realisable asset in the debtor's hands, so adjournment was refused; costs of the successful later petitioner (Mitsubishi) were ordered to be treated as an expense of the bankruptcy.
11 Jul 2024

RE CHEUNG SAU YIN

Citation

[2024] HKCFI 1816
Court

Court of First Instance
Case number

HCB1779/2024

The judgment debt was valid and enforceable; the debtor failed to comply with the statutory demand and is therefore deemed unable to pay under s.6A(1)(a); the debtor did not establish a bona fide dispute on substantial grounds; accordingly a bankruptcy order was properly made against the debtor.
28 Nov 2005

CHAN WING KAM DOMINIC v. HOP SHING LOONG LIGHTING LTD

Citation

CHAN WING KAM DOMINIC v. HOP SHING LOONG LIGHTING LTD
Court

Court of First Instance
Case number

HCCW195/2005

The Company failed to establish a bona fide dispute of substance over the petition debt or to demonstrate genuine and serious cross-claims exceeding the debt; having failed to satisfy the statutory demand it was deemed unable to pay its debts; accordingly the court made a winding-up order and an order nisi for costs in favour of the Petitioner.

Hong Kong Case Law

CHUN WO CONSTRUCTION AND ENGINEERING COMPANY LTD v. CHINA JINGYE ENGINEERING CORPORATION (HONG KONG) LTD

RE LEE NIM WAI formerly known as LEE NIM WAI DAVID

RE CHEUNG SAU YIN

CHAN WING KAM DOMINIC v. HOP SHING LOONG LIGHTING LTD