26 May 2022
The Court granted leave to RBF to file Adkins 2nd because the affidavit raised directly relevant and probative matters that were not outweighed by considerations of delay or prejudice; the exceptional-circumstances limb of O.32 r.11A(4) did not preclude admission in these circumstances; the Petitioner was given 14 days to file a response.
18 Aug 2021
The court excluded costs of the Plaintiff's Mainland law expert opinion as inadmissible; refused the Plaintiff's application for indemnity costs because the Defendant was entitled to press for payment until Plaintiff clarified its position in early December 2020; accordingly the costs order nisi was varied to exclude costs prior to 1 December 2020 and the Plaintiff was ordered to pay the costs of the variation application to the Defendant (taxed if not agreed).
2 Feb 2021
The court refused to stay enforcement of the S Award because G's asserted set-off and unliquidated damages claim were not sufficiently connected or persuasive to justify depriving S of the fruits of a valid award; the costs claim was unliquidated and not available as legal set-off; the Samples Claim under the G Award was doubtful; the delay and prejudice to S outweighed any prejudice to G and existing security was insufficient to make a stay just.
2 Sept 2019
The company failed to demonstrate a bona fide defence on substantial grounds; its cross-claims were fabricated or unsubstantiated and implausible, no credible evidence of a restructuring proposal was produced, and therefore the Petition succeeded and a winding-up order was made.
29 Aug 2013
The Company demonstrated bona fide cross-claims arising from the petitioner's failure to provide promised funding which were at least equal to the petitioning debt of HK$14,419,360; accordingly the petition must be dismissed and the dispute resolved by ordinary proceedings.
6 Aug 2013
The petitioner should not be penalised for issuing the petition given the lack of indication of cross-claims at the statutory demand stage, but once the respondent set out substantive cross-claims (by 17 October 2012) the petitioner ought to have reviewed continuation; accordingly the petitioner must bear the respondent's costs incurred after 17 October 2012 on an indemnity basis, with no order for costs up to and including 17 October 2012, and must pay half the costs of the summonses on a party-and-party basis.
23 May 2013
The court held there existed bona fide and substantial disputes as to the invoiced sums (pre-July and July invoices) and that the company had demonstrated substantial and genuine cross-claims which, on the evidence, would exceed the petitioning debt; accordingly the winding-up petition was an abuse of process and was struck out, with costs to be borne by the petitioner (order nisi).
8 Aug 2012
Shagang demonstrated genuine, serious and substantial cross-claims under COA 1 exceeding the statutory demand amount; the Relet Agreement and associated payments did not establish an assignment or novation binding on North China for the remaining shipments in the absence of North China's consent; the Loan Agreement was suspect and not shown to extinguish Shagang's claim; accordingly injunctive relief restraining presentation of the winding up petition was granted (order nisi).
11 Jul 2012
The debtor failed to establish that his asserted cross-claims were bona fide and of sufficient substance because he produced no particularised or credible evidence to support the large sums claimed; the underlying debt was undisputed and unpaid; accordingly a bankruptcy order should be made against the debtor with costs.
28 Jun 2011
The court held that the respondent's asserted cross-claims were bare assertions lacking the necessary particularity and evidence to be bona fide and of substance, that the alleged dividend claim lies against the joint venture (not the petitioner) and cannot be set off, and that the respondent's unsubstantiated assertion of solvency (no valuation or detailed accounts) failed to displace the deeming provision; consequently the winding-up order should be made.