4 Oct 2021
GS HARVEST LTD v. FOREVER WINNER INTERNATIONAL DEVELOPMENT LTD
- Citation
- [2021] HKCFI 3029
- Court
- Court of First Instance
- Case number
- HCCW80/2021
Clause 13.08 creates a two-stage process: execution and delivery of Assignment/Joinder completed stage 1 (transfer of rights); but the assignee is not entitled to enforce until the issuer has been given the 10 business days' notice required by clause 13.08(b)(iii), and late notice pushes back the effective date; because notice requirements were not met before the statutory demand and petition, Harvest was arguably not a creditor at those times and the petition cannot succeed immediately and is adjourned sine die with liberty to restore.