Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Release of guarantor by extension of time
  • 11 Apr 2019

    RE SIT KWONG LAM

    Citation
    [2019] HKCFI 920
    Court
    Court of First Instance
    Case number
    HCB6051/2018

    Petition allowed and bankruptcy order made because the statutory demand was not set aside, there was no valid arbitration clause in the guarantor documents capable of preventing the petition (and any such clause would be unenforceable if it fettered statutory insolvency rights), the Debtor by signing the Settlement Agreement and executing the PG Addendum consented to the extension and remained liable as guarantor, and the Debtor’s evidence of imminent refinancing was speculative and insufficient to show a reasonable prospect of repayment within a reasonable time.