30 Aug 2024
RE MAN CHUN SING MATTHEW
- Citation
- [2024] HKCFI 2286
- Court
- Court of First Instance
- Case number
- HCB3468/2023
The court declined to exercise its winding-up and bankruptcy jurisdiction and stayed both petitions pending resolution by the agreed HKIAC arbitration because the respondents' defences (including waiver/estoppel and lack of legally available funds) were neither frivolous nor an abuse of process, the respondents demonstrated a genuine intention to arbitrate, and there were no countervailing factors such as risk to the creditor community.