Hong Kong Case Law: Decisions & Judgments

Topic

Proof of debt

Legal area

Court

11 May 2026

有關唐偉德的事宜

Citation

[2026] HKCFI 2699
Court

Court of First Instance
Case number

HCB3621/2022

The application to annul was dismissed because the debtor failed to prove either s33(1)(a) grounds or to satisfy s33(1)(b): proved debts in the bankruptcy totalled HK$2,930,777.45, the debtor produced no evidence of payment or acceptable security, and obstructive conduct (withholding title deeds) prevented realisation of assets; accordingly annulment was refused and costs awarded to respondents.
18 Oct 2024

RE NEW SHINE GROUP LTD

Citation

[2024] HKCA 946
Court

Court of Appeal
Case number

CACV193/2024

The application to adduce fresh evidence fails the first Ladd v Marshall condition because the evidence (the alleged Oral Agreement and the corroborating affirmation of the Company director) could with reasonable diligence have been adduced at the hearing below; accordingly leave to adduce the new affirmations is refused and AREL's summons (and appeal) is dismissed.
18 Jun 2024

DIMITRIOS KOUTSOLIOUTSOS AND ANOTHER v. LAI KAR YAN (DEREK) AND YIP WA MING (BEN), JOINT AND SEVERAL LIQUIDATORS OF FF GROUP SOURCING LTD (IN CREDITORS\' VOLUNTARY LIQUIDATION)

Citation

[2024] HKCFI 1646
Court

Court of First Instance
Case number

HCMP1083/2023

Applicants are ordinarily resident abroad, appear to have no assets in Hong Kong, there is no enforcement convention with Greece, and they failed to file any evidential material or prosecute the summons diligently; accordingly it was just to order security for costs in the sum of HK$700,000, stay proceedings pending payment and dismissal if security is not provided, together with costs orders on an indemnity basis assessed at HK$140,000 (nisi).
21 May 2024

SUN HSIEN LONG AND OTHERS v. WU WAI LEUNG DANNY

Citation

[2024] HKCFI 1285
Court

Court of First Instance
Case number

HCA831/2018

The Official Receiver did not adopt the Defendant's defence so the Defendant had no interest to defend; the Re-re-amended Defence being struck out meant the pleaded facts were deemed admitted under Order 18 r 13(1), entitling the Plaintiffs to interlocutory judgment on liability and an assessment of damages at the admitted sum of HK$10,707,030 with pre-judgment interest at commercial rate plus 1% from 10 November 2015 until judgment and thereafter at the judgment rate until payment.
12 Mar 2024

RE PRIMLAKS (H.K.) LTD (IN LIQUIDATION)

Citation

[2024] HKCFI 752
Court

Court of First Instance
Case number

HCCW258/2018

The court confirmed the liquidators' adjudication because the Petitioner failed to discharge the burden of proving the alleged loans and interest by credible contemporaneous evidence; accounting records and contemporaneous documents were inconsistent with loans owed by the Company and showed sums booked to other group companies, and there was no evidential basis for the claimed interest, so the proofs beyond the admitted principal were rightly rejected.
9 Aug 2023

PAN SUTONG v. BANK OF CHINA LTD (t/a BANK OF CHINA LTD SHENZHEN BRANCH)

Citation

[2023] HKCA 964
Court

Court of Appeal
Case number

CACV246/2022

The stay applications were dismissed because any overlap between the New Evidence Applications and the Rule 99L application was limited, the Court of Appeal must make its own independent assessment of new evidence (so the Judge's ruling would not be determinative or sufficiently novel to justify a stay), and granting a temporary stay would not serve case management objectives of logical, fair and cost-efficient procedure.
8 Jul 2022

NEW WINNING FINANCE CO LTD (IN LIQUIDATION) v. NEW SHINE GROUP LTD

Citation

[2022] HKCFI 2072
Court

Court of First Instance
Case number

HCCW321/2021

The court found no bona fide dispute on substantial grounds because the written Loan Agreement, the Company’s audit confirmation and correspondence acknowledging the debt, the refundable character of related deposits, and the entire agreement/no amendment clauses demonstrated the HK$5,000,000 was a loan repayable to the Petitioner; accordingly the petition succeeds and the Company should be wound up. The arbitration clause did not preclude the winding-up order.
24 Nov 2021

RE HSIN CHONG CONSTRUCTION CO LTD

Citation

[2021] HKCFI 3451
Court

Court of First Instance
Case number

HCCW239/2018

Insolvency set-off operates to establish a net provable balance and, because the company's cross-claim was unascertained at the commencement of the winding up, WKCD had no ascertained provable debt for voting under Rule 125; accordingly the chairman correctly admitted the proof for HK$1 and WKCD's summons is dismissed.
29 Apr 2021

BARLOW INVESTMENTS LTD (In liquidation) v. CLIFTONS LTD (in creditors’voluntary winding up) AND ANOTHER

Citation

[2021] HKCFI 1193
Court

Court of First Instance
Case number

HCMP276/2020

Applying a broad macroscopic assessment (following Re Days and In re Grande), the court found on the evidence that the plaintiff had not established on balance that the furniture rental claim was owed by the company; the chairman was entitled to admit the claim at nominal value given doubt; the alleged statutory breaches were irregularities that did not cause substantial injustice and did not invalidate the meeting; therefore the originating summons was dismissed and the appointment and minutes need not be set aside.
26 Apr 2021

SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LEGAL AID 對石夢

Citation

[2021] HKDC 446
Court

District Court
Case number

DCCJ415/2015

The Director's First Charge is a valid security interest but it only attaches to property that the aided person recovers or retains; failure by the plaintiff to notify the Official Receiver and to secure the charged funds resulted in the charged monies being distributed to the aided person and other creditors; failure to lodge a proof of debt does not automatically constitute surrender of the security, but where the charged property has been distributed and cannot be traced the plaintiff has no enforceable proprietary claim against the defendant personally; statutory exemptions (children's ma…