Hong Kong Case Law: Decisions & Judgments

Topic

Taxed costs

Legal area

Court

13 Oct 2022

RE TO PUI KUI

Citation

[2022] HKCFI 3133
Court

Court of First Instance
Case number

HCB5189/2018

The court held that the Debtors’ offers to secure or compound were unreasonable and insufficient because they omitted readily available cash assets (the Canadian estate), lacked evidence of other family members’ contributions, and did not address present and contingent liabilities; accordingly the petitioner’s refusal was not unreasonable under s6D(3) and bankruptcy orders were made against both Debtors.
13 Oct 2022

RE NG KWOK TAI ANDREW

Citation

[2022] HKCFI 3133
Court

Court of First Instance
Case number

HCB5188/2018

The petitions were upheld because the Debtors failed to demonstrate that they were able to pay all their debts or that they had made a reasonable offer to secure/compound the petition debts within s6D(3). The purported offers excluded readily available cash entitlements (notably the Canadian proceeds), lacked evidence of sufficiency (no proof of siblings' contributions or share values), and did not overcome contingent and prospective liabilities; therefore the creditor's refusal was not unreasonable and bankruptcy orders were appropriate.
11 Oct 2021

RE CHU HOI YAN CANDY t/a CROSSO

Citation

[2021] HKCFI 3066
Court

Court of First Instance
Case number

HCB4325/2021

The debtor failed to comply with or set aside the statutory demand and did not produce evidence of a bona fide dispute on substantial grounds; accordingly the debtor was deemed unable to pay under s6A(1)(a) and the court, satisfied with the creditor's proof and service, made a bankruptcy order under s9(2).
10 Sept 2018

HU YING v. WILLWIN DEVELOPMENT (ASIA) CO LTD

Citation

[2018] HKCFI 2064
Court

Court of First Instance
Case number

HCB2108/2017

The court dismissed the debtor's application to set aside the first statutory demand, holding that no valid personal set-off was asserted by the debtor and that the purported deed of assignment to her husband did not defeat the creditor's statutory demand; accordingly the petitions were permitted to proceed with consolidation as ordered.
11 Aug 2017

RE TIN WAN TUNG

Citation

RE TIN WAN TUNG
Court

Court of First Instance
Case number

HCCW250/2016

The taxed costs order of HK$560,527.07 was final and payable; the Companies failed to pay and are insolvent; they did not establish a bona fide counterclaim on substantial grounds equal to or exceeding the petitioning debt (the counterclaims relied on documents likely to be set aside for misrepresentation); therefore a winding up order was appropriate and must be made.
29 Mar 2012

RE WAN PO JUN MARY PAULINE

Citation

RE WAN PO JUN MARY PAULINE
Court

Court of Appeal
Case number

CACV78/2011

The Court of Appeal upheld the bankruptcy order because the taxed costs constituted immediately payable debts that met the statutory threshold, the statutory demand was not complied with, and the lower court properly exercised its discretion after weighing the amounts, the merits of the bankrupt's outstanding claims and her litigation conduct; the automatic stay and trustees' control over continuation of proceedings did not render the bankruptcy order inappropriate.
15 Jun 2011

RE SEE WAH FAN

Citation

RE SEE WAH FAN
Court

Court of First Instance
Case number

HCB8895/2010

Petitioner failed to discharge the burden of establishing valid service of the statutory demand; absent valid service the petition should not have been presented and no bankruptcy order should be made, therefore the petition is dismissed.
2 Nov 2004

PRIYA LAL HIRANAND v. DR HARI NAROOMAL HARILELA AND ANOTHER

Citation

PRIYA LAL HIRANAND v. DR HARI NAROOMAL HARILELA AND ANOTHER
Court

Court of Appeal
Case number

CACV74/2004

The applicants failed to establish a viable triable case that they were entitled to terminate any trust and call for the capital; the evidence suggested an inter vivos transfer for a specific purpose (wedding expenses) rather than an outright gift to the applicants, so no counterclaim exceeding the statutory demands was shown and the appeals were dismissed.
2 Nov 2004

RAVINE LAL HIRANAND v. DR HARI NAROOMAL HARILELA AND ANOTHER

Citation

RAVINE LAL HIRANAND v. DR HARI NAROOMAL HARILELA AND ANOTHER
Court

Court of Appeal
Case number

CACV73/2004

Applicants failed to establish a viable triable issue that they were entitled to terminate any trust and call for the corpus; the funds were transferred inter vivos for a specified purpose and, even if a trust arose, it was not shown to be an absolute gift to the applicants; consequently the counterclaim did not equal or exceed the debts and the statutory demands should not be set aside, so the appeals are dismissed.
17 May 2004

RE MA PUI TUNG

Citation

RE MA PUI TUNG
Court

Court of First Instance
Case number

HCB19884/2003

The consent order awarding costs to the petitioner, when taxed, created an immediately enforceable debt; the debtor's contention that the absence of the phrase 'payable forthwith' prevented immediate taxation and payment was rejected; the alleged set‑off was speculative and not a bar to the petition; the petitioner established the matters relevant to the petition and the court exercised its discretion to make the bankruptcy order with costs to the petitioner.