Hong Kong Case Law: Decisions & Judgments

Topic

Set-off of debts

Legal area

Court

16 Nov 2022

LAM KA LEE v. MA TSZ YAN AND ANOTHER

Citation

[2022] HKDC 1256
Court

District Court
Case number

DCCJ624/2018

On the balance of probabilities the sums advanced by the plaintiffs were personal loans and/or personal contracts made with Alex and Rock in their individual capacities (not contracts with Freetra Hotel Limited or a legally constituted Panda's Hostel); the defendants failed to prove that a disclosed corporate principal existed or that the plaintiffs dealt with such an entity, and the plaintiffs are therefore entitled to judgment for the specified sums plus interest and costs.
25 Jul 2019

YEUNG LUI MING AND LAI KAR YAN as the Joint and Several Trustees of the Property of WONG YUK TUNG (a bankrupt) v. TANG MO LIN, IRENE AND ANOTHER

Citation

[2019] HKCFI 1848
Court

Court of First Instance
Case number

HCA1197/2015

The court found on the evidence that the Agreement, the Deed and the transfer of the 38 cemetery sites were linked and formed one composite transaction entered into within two years of the presentation of the bankruptcy petition; Bright Success was the legal and beneficial owner of the 38 sites prior to transfer; the Perfecta group was insolvent or in dire financial distress at the relevant time; the consideration involved substantial set-offs of indebtedness and a cash portion but, viewed from the companys perspective, the transaction was at undervalue and therefore voidable under the insol…
27 May 2015

CHOI HOI SHUEN, ATHENA v. CHOI KIM LUI

Citation

CHOI HOI SHUEN, ATHENA v. CHOI KIM LUI
Court

Court of First Instance
Case number

HCMP1997/2014

The court concluded that although the defendant's initial explanations were unsatisfactory, substantial documents and explanations have since been provided and the plaintiff's accountants had access to company records; a full formal inquiry would not further the matters and would impose disproportionate cost and delay. The appropriate remedy is an order that the executor supply an up-to-date verified account including all assets and liabilities, affirmed as complete and accompanied by confirmation that all relevant documents have been provided; the plaintiff's request for a formal inquiry int…

Hong Kong Case Law

LAM KA LEE v. MA TSZ YAN AND ANOTHER

YEUNG LUI MING AND LAI KAR YAN as the Joint and Several Trustees of the Property of WONG YUK TUNG (a bankrupt) v. TANG MO LIN, IRENE AND ANOTHER

CHOI HOI SHUEN, ATHENA v. CHOI KIM LUI