Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement of debt

Legal area

Court

29 Sept 2023

WAN TAI INVESTMENTS LTD v. TEMPUS HOLDINGS LTD

Citation

[2023] HKCFI 2513
Court

Court of First Instance
Case number

HCCW259/2023

The Debt was due and payable and the Company was unable to pay (thus deemed insolvent under s.178(1)(a) Cap.32); the Company failed to file timely or adequate evidence opposing the petition and its purported restructuring Plan was incomplete, unsupported by the petitioner and lacked necessary terms or creditor support; accordingly there were no valid grounds to adjourn and a winding-up order was required and was made.
17 Feb 2023

RE CHINA OCEANWIDE GROUP LTD

Citation

[2023] HKCFI 455
Court

Court of First Instance
Case number

HCCW100/2022

The petitioner was not a registered 'Holder' under the Indenture (no evidence its name was on the Register and Indenture treats the common depositary/registered names as the Holders); consequently the petitioner lacked locus to present the winding up petition and the petition is liable to be struck out; additionally the petition failed adequately to plead material facts required by CWUR/Form 1A and could not rely on unpleaded matters in affirmations.
1 Mar 2021

CHONG CHIN AND ANOTHER v. GUOAN INTERNATIONAL LTD

Citation

[2021] HKCFI 525
Court

Court of First Instance
Case number

HCCL9/2020

Defendant failed to show any triable arguable defence on believable evidence: the Deed acknowledged the debt, defendant repeatedly admitted liability after the Deed, the alleged misrepresentation and NAV complaints are unsupported or misconceived, the defendant was not a party to the Acquisition Agreement and so cannot set-off, and the only viable breach (dividend distribution) sounds in damages belonging to Exquisite Honour and is time-barred. Accordingly final judgment was entered for the Plaintiffs for HK$100,000,000 plus interest and costs.
2 Sept 2015

LAU SIU KEUNG VINCENT v. JOHN MING SHUN VINCENT AND OTHERS

Citation

LAU SIU KEUNG VINCENT v. JOHN MING SHUN VINCENT AND OTHERS
Court

District Court
Case number

DCCJ1288/2012

On construction the Acquisition Agreement conveyed a 45% interest in the business and assets of the pet shop, not company shares; there was no misrepresentation, mistake or total failure of consideration; the plaintiff voluntarily admitted misconduct and voluntarily signed the Termination Letter and the Acknowledgment of Debt not under duress or undue influence; the Acknowledgment of Debt is a valid and enforceable settlement and the defendants' counterclaim for HK$550,000 succeeds; costs follow the event.

Hong Kong Case Law

WAN TAI INVESTMENTS LTD v. TEMPUS HOLDINGS LTD

RE CHINA OCEANWIDE GROUP LTD

CHONG CHIN AND ANOTHER v. GUOAN INTERNATIONAL LTD

LAU SIU KEUNG VINCENT v. JOHN MING SHUN VINCENT AND OTHERS