Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Undue influence (alleged)
  • 11 May 2012

    DBS BANK (HONG KONG) LTD v. NG YUEN KWAN

    Citation
    DBS BANK (HONG KONG) LTD v. NG YUEN KWAN
    Court
    Court of First Instance
    Case number
    HCB15657/2009

    The petitions were dismissed because the petitioner failed to comply with r.46(2) of the Bankruptcy Rules by not taking all reasonable steps to bring the Statutory Demands to the debtors' attention — specifically the petitioner knew of related PRC guarantors, addresses and a restructuring that made PRC contacts and the liquidators of Diorva HK obvious and reasonably accessible avenues of enquiry, and it failed to use relatively simple communications (letters, fax, telephone, email) or to inquire of liquidators; the petitioner did not discharge the burden of showing such steps would not have b…

  • 11 May 2012

    DBS BANK (HONG KONG) LTD v. LEE YUK LAN

    Citation
    DBS BANK (HONG KONG) LTD v. LEE YUK LAN
    Court
    Court of First Instance
    Case number
    HCB15656/2009

    The petitions were dismissed because the petitioner failed to comply with r.46(2): after unsuccessful attempts at last‑known Hong Kong addresses it knew of related PRC addresses and the involvement of PRC guarantors and liquidators and did not take reasonable, simple steps (letters, faxes, telephone calls or enquiries with liquidators) to bring the Statutory Demands to the debtors' attention; the failure to show those steps would not have succeeded warranted dismissal with costs.