Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Associates

  • 11 Jun 2010

    RE CHIN WAI KAY GEORDIE

    Citation
    RE CHIN WAI KAY GEORDIE
    Court
    Court of First Instance
    Case number
    HCBI1396/2008

    The court concluded that the debtor had committed irregularities by failing to disclose creditors, assets and an associate (Cheery) and by omitting liabilities arising after the petition, but the irregularities were not shown to be material in the sense that they would probably have altered the meeting's outcome; section 20L might have justified a bankruptcy order but no s3(1)(c) petition was presented, therefore the application under s20J failed and the court could not make a bankruptcy order.

  • 5 May 2005

    THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF HAU PO MAN STANLEY v. HAU PO FUN IVY

    Citation
    THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF HAU PO MAN STANLEY v. HAU PO FUN IVY
    Court
    Court of Appeal
    Case number
    CACV234/2004

    On the facts a majority found the contemporaneous evidence (letters and unchallenged affirmations describing repeated disruptive visits and threats to family ties) established that the bankrupt was influenced by pressure to transfer the share and the car and that such pressure was sufficient to rebut the s50(5) presumption; however the payment of HK$650,000 occurred after a demand/writ and the evidence was insufficient to show it was motivated by the same pressure, so the presumption remained and that payment was subject to set-aside under s50(2).