Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Liquidators' recovery actions

Legal area

Court

2 Dec 2019

HO MAN KIT and Kong Sze Man Simone the Joint and Several Liquidators of Auragem Company Limited (in creditors’ voluntary liquidation) v. SURE LEAD LTD

Citation

[2019] HKCFI 2914
Court

Court of First Instance
Case number

HCMP2019/2018

The plaintiffs failed to prove the requisite intention to gift and did not establish that there was a transaction on terms providing no consideration; mere transmission of money without evidence of dealings does not establish a transaction at an undervalue. On that basis the claim in respect of transactions at an undervalue must be dismissed.
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…