Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Claims procedure

  • 31 May 2010

    GDH LTD v. CREDITOR CO LTD

    Citation
    GDH LTD v. CREDITOR CO LTD
    Court
    Court of Appeal
    Case number
    CACV353/2008

    Clause 10(c) of the DRA unambiguously permits a contracting party not to submit a Proof of Claim and prescribes that the Restructuring Consideration reserved for any unadmitted unsecured claim not proved shall be transferred to GDH; consequently there is no express or reasonably implied contractual obligation to file a Proof of Claim, the pleaded contractual and conspiracy claims against the French banks are unarguable and there is no serious issue to be tried; appeal dismissed.

  • 23 Aug 2006

    NG SIU TUNG AND OTHERS v. DIRECTOR OF IMMIGRATION

    Citation
    NG SIU TUNG AND OTHERS v. DIRECTOR OF IMMIGRATION
    Court
    Court of First Instance
    Case number
    HCAL81/1999

    The court resolved each application by applying a facts-and-probabilities test: an asserted claim requires either contemporaneous documentary evidence in Director's possession or, if a posted letter is proved to have been sent, the CFA presumption of receipt can satisfy the record requirement absent rebuttal. Oral statements are measured by their content and context (mere enquiries or humanitarian pleas do not amount to a claim). Credibility of witnesses and the existence/ provenance of documents determine whether the Director has the required record under the concession policy.