Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Estoppel by record

Legal area

Court

19 Jul 2013

LAU SIU HUNG AND ANOTHER v. KRZYSZTOF MARSZALEK AND ANOTHER

Citation

LAU SIU HUNG AND ANOTHER v. KRZYSZTOF MARSZALEK AND ANOTHER
Court

Court of First Instance
Case number

HCCW484/2009

The stay was refused because the appeal was assessed as barely arguable except on a narrow estoppel point, the respondents failed to show why execution would be nugatory or to disclose the whereabouts of funds taken from Starline, and denial of enforcement would prejudice the creditors and frustrate recovery of over HK$22 million.
17 Jun 2013

LAU SIU HUNG AND ANOTHER v. KRZYSZTOF MARSZALEK AND ANOTHER

Citation

LAU SIU HUNG AND ANOTHER v. KRZYSZTOF MARSZALEK AND ANOTHER
Court

Court of First Instance
Case number

HCCW484/2009

The liquidators established the statutory elements of unfair preference in respect of the impugned payments; the court rejected R1's Tekram explanation as inherently incredible and held the US$300,000 was a payment to R1; R2 was a creditor in respect of the challenged transactions; annulment of the respondents' bankruptcies did not operate to bar the liquidators' claims in respect of debts not proved or unknown at the time of annulment; accordingly the application to set aside the payments as unfair preferences was allowed and orders in terms of paras 1-4 and 6 of the Amended Summons were mad…