Hong Kong Case Law

9 Mar 1979

RE EMSWORTH LTD

Citation

RE EMSWORTH LTD

Court

Court of First Instance

Case number

HCCW26/1978

Petitioner, being a contingent creditor at the time he presented the petition, had locus standi under s179; the court appointed the Official Receiver as provisional liquidator without objection and fees were incurred for work done for the company; therefore the court refused to order the petitioner to pay the provisional liquidator's costs and dismissed the application that the petitioner pay those costs.

• Winding‑up petition
• Provisional liquidator
• Costs orders
• Fraudulent transfer of business
• Locus standi of contingent creditors

19 Jun 1978

SHING HAI DOING v. GENIUS KNITTING FACTORY LTD

Citation

SHING HAI DOING v. GENIUS KNITTING FACTORY LTD

Court

Court of First Instance

Case number

HCA3382/1977

The Registrar's order striking out the amended Statement of Claim was overturned because the plaintiff's allegations of beneficial ownership and related causes of action were not plainly unsustainable; issues of fact and law required investigation and the summary striking out power should be exercised sparingly, so the pleading should stand and the appeal is allowed.

• Striking out pleadings
• Locus standi under limited grant
• Representative capacity and indorsement on writ
• Fraudulent transfer of business
• Trespass/ejectment/detinue
• Administration of trusts

16 Mar 1977

THE HONG KONG AND TAIWAN TRADING CO LTD v. HONG KONG UNION TRANSPORTATION AND GODOWN CO LTD AND ANOTHER

Citation

THE HONG KONG AND TAIWAN TRADING CO LTD v. HONG KONG UNION TRANSPORTATION AND GODOWN CO LTD AND ANOTHER

Court

Court of First Instance

Case number

HCA848/1973

On the balance of documentary evidence and witness credibility the Court found that the business and godowns of Union were transferred to Kai Ming Trading Co. Ltd. (2nd Defendant) effective 1 March 1973, the statutory notice under the Fraudulent Transfer of Business Ordinance s.3 was not published, and therefore the plaintiff was entitled to judgment against the 2nd Defendant for the outstanding debt; the plaintiff's claim against the 1st Defendant failed and the 2nd Defendant's third party indemnity claim against the 1st Defendant failed for want of proof.

• Fraudulent transfer of business
• Agency vs ownership
• Transfer of business
• Statutory notice requirement under fraudulent transfer of business ordinance s.3
• Indemnity / third party claim
• Creditor priority

ELSON-VERNON KNITTERS LTD v. SINO-INDO-AMERICAN SPINNERS LTD

Citation

ELSON-VERNON KNITTERS LTD v. SINO-INDO-AMERICAN SPINNERS LTD

Court

Court of Appeal

Case number

CACV22/1972

The Ordinance applies without requiring proof of actual fraud and applies to corporations; on the facts (same premises, identical machinery, continuity of stock and management) there was a transfer of the business to Elson-Vernon Knitters Ltd., so the appeal fails.

• Fraudulent transfer of business
• Transfer of business assets vs business
• Liability of transferee
• Use of legislative objects and reasons