Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Post-petition payments

Legal area

Court

8 Jun 2009

GINFAX DEVELOPMENT LTD v. JAZZ PHOTO (HONG KONG) LTD (in liquidation)

Citation

GINFAX DEVELOPMENT LTD v. JAZZ PHOTO (HONG KONG) LTD (in liquidation)
Court

Court of First Instance
Case number

HCCW1165/2003

The payments were validated because they were made in good faith and in the ordinary course of business by a supplier unaware of the winding up petition when the post-dated cheques were deposited; there was no evidence the transactions were intended to prefer the supplier, so validation under section 182 was appropriate.
24 Oct 2003

RE LUEN CHEONG TAI CONSTRUCTION CO LTD

Citation

RE LUEN CHEONG TAI CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCCW190/2002

The court granted a retrospective validation order under s.182 because the six payments were for certified subcontract works in the ordinary course of business, were funded by government receipts, materially kept the company and project afloat thereby benefiting unsecured creditors and swelling the companys assets, and despite a suspicion of knowledge that suspicion was not decisive; accordingly validation was appropriate and no order as to costs was made.