Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Liquidated sum

  • 5 Jan 2026

    KHO LUIS FABREGAS v. WU YOU

    Citation
    [2026] HKCFI 125
    Court
    Court of First Instance
    Case number
    HCSD59/2024

    Where the restitutionary claim seeks the precise sum actually paid and requires no further quantification or account, it can constitute a liquidated sum for the purposes of a statutory demand; leave to amend an overstated statutory demand is a proper procedural remedy where no injustice or prejudice to the debtor is shown and the proposed amendment is not plainly liable to be struck out; accordingly leave to amend to US$2,228,000 was granted and extension of time to file replies was allowed.

  • 2 Jun 2023

    MCL v. JCPF

    Citation
    [2023] HKCFI 1409
    Court
    Court of First Instance
    Case number
    HCSD43/2021

    Applicant admitted an undisputed, liquidated debt of HK$227,950 which remained unpaid; applicant failed to adduce or justify late production of evidence for set‑off or financial means and had ample opportunity to do so; late evidence was refused; accordingly statutory demand stands, application dismissed, respondent authorised to present a bankruptcy petition after 14 days, and costs awarded to respondent.

  • 29 Mar 2022

    RE PACIFIC CULTURAL HOSPITALITY DEVELOPMENT (HK) LTD

    Citation
    [2022] HKCFI 905
    Court
    Court of First Instance
    Case number
    HCCW176/2020

    The petition was dismissed because the Petitioner misused winding-up proceedings: the claimed debt was not a clearly liquidated sum at the date of presentation, the statutory demand was defective in particulars, there was a bona fide dispute on substantial grounds (including variation of the payment date and non-performance by Petitioner), and the Company had a serious cross-claim that could affect entitlement to the balance; accordingly the Petitioner lacked locus to present the petition.

  • 3 Jan 2022

    RE LEADER, JOHN ROGER ALSO KNOWN AS ROGER LEADER

    Citation
    [2022] HKCFI 11
    Court
    Court of First Instance
    Case number
    HCB1015/2021

    The Debtor failed to establish a bona fide dispute on substantial grounds: his evidence as to unilateral or common mistake was insufficient, uncorroborated and not believable; signature and the written SHA bind the parties; Clause 10 created a liquidated sum of HK$1,020,000 payable in cash at completion which crystallised on the completion date specified in the exercise notice (7 July 2020). Consequently the bankruptcy petition was maintainable and a bankruptcy order was granted.

  • 8 Jan 2019

    RE TAM SIU KI

    Citation
    [2019] HKCFI 83
    Court
    Court of First Instance
    Case number
    HCB4035/2018

    Debtor failed to establish any bona fide dispute with precise evidence; the debt was a liquidated sum; the Agreement expressly conferred absolute discretion on petitioner to refuse instructions and to decide whether and when to sell securities; industry-practice allegations lacked admissible evidence; the guarantee was validly executed and delivered; accordingly bankruptcy order (order nisi) was properly made.

  • 21 May 2015

    RE LEUNG CHERNG JIUNN

    Citation
    RE LEUNG CHERNG JIUNN
    Court
    Court of First Instance
    Case number
    HCB244/2014

    Petition dismissed because the petitioner failed to include and thus could not rely on the Guarantee in the statutory demand and did not adequately set out or prove the bases of the claimed debt; there existed a bona fide triable dispute as to liability to repay the sign-on fee given alleged pre-contractual representations and inconsistencies between conduct and written terms, so bankruptcy summary jurisdiction could not be exercised.

  • 2 Apr 2004

    RE VONG PAK CHEONG

    Citation
    RE VONG PAK CHEONG
    Court
    Court of First Instance
    Case number
    HCB16256/2002

    The court held the written loan agreements and deeds of guarantee established an undisputed liquidated debt due from the Debtor; alleged representations and duress were not credible or sufficient to vitiate the guarantees; third‑party securities and set‑offs available to the borrower do not defeat the guarantor's personal liability; accordingly the conditions for a bankruptcy order under section 6 were satisfied and the order was made.

  • 15 Nov 1999

    RE: KWOK CHOK YEE and EX PARTE: THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD.

    Citation
    RE: KWOK CHOK YEE and EX PARTE: THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD.
    Court
    Court of First Instance
    Case number
    HCB670/1999

    The debt owing by the guarantor under the Guarantee is a liquidated sum; the properties mortgaged by the principal debtor constitute third party security and do not render the guarantor's obligation a secured debt for purposes of section 6B; disputes as to the valuation of third party security do not defeat the status of the claimed amount as a liquidated sum; accordingly the bankruptcy petition succeeds and a bankruptcy order is appropriate.