3 Oct 2005
The statutory demand was properly served and the debtor failed to demonstrate present ability to pay or a viable, non‑contingent proposal for a voluntary arrangement; the repayment proposals were speculative and dependent on future success of an employer's project, and therefore a bankruptcy order should be made.
12 Jul 2002
No leave to appeal is required to appeal from a refusal to grant leave to appeal from an arbitration award; therefore the application for leave to appeal is dismissed.
16 May 2002
Leave to appeal was refused because the applicant's complaints solely challenged the arbitrator's findings of fact rather than raising any question of law; the arbitrator had sufficient evidence to make the findings (including disbelief of the applicant and conclusions about tenancies) and was entitled to reject affirmation evidence in a paper hearing; therefore no basis existed to grant leave or set aside the award.
7 Oct 1997
The Court held that the arbitrator's reservation of the indemnity issue was unnecessary and that the arbitrator should determine Shun Shing's indemnity claim on the basis of the evidence and his existing findings; the matter was remitted to the arbitrator with a direction to decide the indemnity accordingly and costs were ordered nisi against Shun Shing.