3 May 2024
HARBOUR FRONT LTD v. THE OFFICIAL RECEIVER AND TRUSTEE OF THE PROPERTY OF LEUNG YAT TUNG
- Citation
- [2024] HKCFI 1203
- Court
- Court of First Instance
- Case number
- HCMP400/2022
The Settlement Agreement obliged HF to pay interest governed by ss.38(9) and 71 BO without requiring a prior surplus in the bankrupt's estate; ORT breached the contractual Deadline (Clause 2) by failing to complete adjudication by 8 July 2015 and, under the prevention principle, is deprived of interest for 9 July 2015 to 23 June 2016 (inclusive); the Written Demand was first validly issued on 23 August 2018 and interest otherwise runs from the bankruptcy commencement to HF's payment on 16 February 2022; the Supporting Documents Implied Term was unnecessary and ORT was not liable for HF's clai…