Hong Kong Case Law: Decisions & Judgments

Topic

Cross-claim/set-off

Legal area

Court

9 Sept 2019

RE JORA SISI OMAR

Citation

[2019] HKCFI 2234
Court

Court of First Instance
Case number

HCB8127/2016

Debtor failed to rebut the prima facie evidence of indebtedness: her allegations of fraud and loss were bare, unparticularised and not supported by precise, believable evidence; prior judicial determinations rejecting her challenges operate to preclude re‑litigation; no sufficient reason exists under s104 BO to stay the petition; accordingly a bankruptcy order is appropriate and costs are awarded to the petitioner.
20 Dec 2017

RE SHING PUI KEUNG

Citation

RE SHING PUI KEUNG
Court

Court of First Instance
Case number

HCB686/2017

The court found the debtor had raised arguable, substantiated bona fide disputes on substantial grounds — credible evidence of implied-term breaches, plausible causation for resignation, arguable estoppel from oral representations and a non-frivolous cross-claim — such that the summary bankruptcy remedy was inappropriate; accordingly the petition was dismissed and an order nisi made for costs in favour of the debtor.
20 May 2015

RE ALPHA BUILDING CONSTRUCTION LTD

Citation

RE ALPHA BUILDING CONSTRUCTION LTD
Court

Court of First Instance
Case number

HCCW283/2014

On the balance of probabilities the respondent demonstrated a genuine and substantial cross-claim for arbitration costs at least equal to the petition debt such that a bona fide dispute existed and the petition was an abuse of process; accordingly the petition was struck out and indemnity costs awarded against the petitioner.

Hong Kong Case Law

RE JORA SISI OMAR

RE SHING PUI KEUNG

RE ALPHA BUILDING CONSTRUCTION LTD