Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Crossclaim

  • 11 Jun 2020

    LEUNG SO HUNG SIEM v. CARSON WEN

    Citation
    [2020] HKCFI 1079
    Court
    Court of First Instance
    Case number
    HCB4036/2018

    The petition succeeds because the three costs orders underpinning the First Statutory Demand are validly enforceable judgments and the debtor failed to demonstrate any fraud, collusion or miscarriage of justice or to substantiate a genuine, substantial crossclaim; late and irrelevant evidence filed after the hearing was excluded as abuse; amendment of the petition was permitted only to delete the incorrect phrase about the Second Statutory Demand, and the Second Statutory Demand could not be relied upon as it was outstanding when the petition was presented.

  • 21 May 2018

    RE CHEUNG CHI MANG

    Citation
    [2018] HKCFI 984
    Court
    Court of First Instance
    Case number
    HCB1361/2017

    The Court found no genuine dispute on substantial grounds nor a crossclaim against the Petitioner capable of extinguishing the debt; the December facility’s purpose was to repay the Debtor and not margin financing under the SFO so illegality did not arise; the HT Group shares in the margin account were subject to HT Securities' prior rights and insufficient to satisfy HT Securities’ own indebtedness; the Company had sufficient Hong Kong connection and the core requirements for winding up a foreign company were met; accordingly the winding up order and bankruptcy order were granted and costs o…

  • 21 May 2018

    RE HONG KONG INVESTMENTS GROUP LTD

    Citation
    [2018] HKCFI 984
    Court
    Court of First Instance
    Case number
    HCCW63/2017

    The Court concluded the Company failed to show a genuine dispute on substantial grounds or a crossclaim with mutuality; the December Facility Agreement's purpose was to repay existing indebtedness not to provide securities margin financing so illegality under the SFO did not arise; HT Securities had priority over the margin account assets which were insufficient to satisfy HT Securities and thus unavailable to the Petitioner; the Company had sufficient connection with Hong Kong and the Court properly exercised its discretion to wind up the Company and make a bankruptcy order against the Debto…