Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Amendment of statutory demand

Legal area

Court

5 Jan 2026

KHO LUIS FABREGAS v. WU YOU

Citation

[2026] HKCFI 125
Court

Court of First Instance
Case number

HCSD59/2024

Where the restitutionary claim seeks the precise sum actually paid and requires no further quantification or account, it can constitute a liquidated sum for the purposes of a statutory demand; leave to amend an overstated statutory demand is a proper procedural remedy where no injustice or prejudice to the debtor is shown and the proposed amendment is not plainly liable to be struck out; accordingly leave to amend to US$2,228,000 was granted and extension of time to file replies was allowed.
14 Jul 2022

CHAN WS AND ANOTHER v. CC Bank

Citation

[2022] HKCA 1037
Court

Court of Appeal
Case number

CACV59/2021

The Court of Appeal allowed the respondent's appeal, holding the judge below misdirected herself by failing to consider whether the over‑statement caused substantial injustice; the creditor had clarified the correct amount and there was no evidence the debtors could or would have paid the correct amount, so no injustice would follow if the demands stood; the SDs should not have been set aside and the application is dismissed; respondent authorised to present bankruptcy petitions; costs orders adjusted accordingly.