Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Setting aside ex parte award

  • 25 Aug 2003

    RE LING KAM CHUNG

    Citation
    RE LING KAM CHUNG
    Court
    Court of First Instance
    Case number
    HCB12052/2003

    The statutory conditions for a bankruptcy order were satisfied: a liquidated judgment debt exceeding the statutory threshold existed and the statutory demand was not complied with or set aside. The debtor's unexplained delay, lack of particularised evidence, dubious assertions about setting aside the Small Claims award, and wilful default in handling the statutory demand meant he had poor prospects of success and the court should not exercise its discretion to stay or dismiss the petition. Accordingly a bankruptcy order was made with costs.

  • 23 Mar 1987

    LAM PAK WOON AND OTHERS v. NEW ART INDUSTRIAL CO

    Citation
    LAM PAK WOON AND OTHERS v. NEW ART INDUSTRIAL CO
    Court
    Court of First Instance
    Case number
    HCLA88/1986

    The Presiding Officer misapplied his discretion by refusing to set aside an ex parte award solely because the defendant's representative had not been completely frank; where the defendant had disclosed a defence, intended to defend, the absence was due to carelessness only, and respondents would suffer no irremediable prejudice, justice required setting the award aside and remitting the matter for rehearing under section 21A.