Hong Kong Case Law: Decisions & Judgments

Topic

Examination of debtor

Legal area

Court

23 Jun 2008

QUESTNET LTD v. WILFRED ROYCE LANE

Citation

QUESTNET LTD v. WILFRED ROYCE LANE
Court

Court of First Instance
Case number

HCA1475/2006

The court refused to discharge the prohibition order because the 2nd defendant failed to demonstrate a material change of circumstances since the February 2008 refusal: enforcement in New Zealand did not negate ongoing Hong Kong enforcement proceedings and the claimed hardship and sponsorship necessity were speculative and unproven, so the earlier decision stands.
20 Oct 2006

POON TING CHAU v. WONG KWOK CHI AND ANOTHER

Citation

POON TING CHAU v. WONG KWOK CHI AND ANOTHER
Court

Court of First Instance
Case number

HCMP5314/2002

The ex parte Examination Orders and Substituted Service Orders were validly made; the plaintiff failed to prove material non‑disclosure or falsity in the evidence for substituted service; the attempts to serve personally justified substituted service on the evidence of evasion; clerical errors were amendable under Order 20 r11 and did not invalidate the orders; therefore the appeals to set aside the orders fail and are dismissed with costs.
22 Dec 2004

RE CHOI WING CHEONG

Citation

RE CHOI WING CHEONG
Court

Court of First Instance
Case number

HCB16148/2003

The Bankruptcy Order was not annulled because the petitioner’s estimate under section 6B was a bona fide attempt and evidence indicated the charged securities were likely negligible; the debtor failed to establish a substantial or bona fide defence or counterclaim and did not provide a plausible explanation for non-appearance; therefore the exceptional discretion to set aside the order should not be exercised.

Hong Kong Case Law

QUESTNET LTD v. WILFRED ROYCE LANE

POON TING CHAU v. WONG KWOK CHI AND ANOTHER

RE CHOI WING CHEONG