Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Debt claim

Legal area

Court

18 Jun 2021

AU WAI KWONG, Joint Administrator of the Estate of Au Wah, deceased v. AU SOUK YEE MARGARET, Joint Administratrix of the Estate of Au Wah, deceased

Citation

[2021] HKCFI 1747
Court

Court of First Instance
Case number

HCMP900/2019

The Originating Summons is dismissed because the evidence produced is insufficient to establish the Alleged Debt and, in any event, the Estate has a stronger restitutionary claim against Wah Sun Limited for bank loans repaid by the Estate which exceed the Alleged Debt; accordingly the Estate should not be ordered to repay the Alleged Debt and the plaintiff must bear costs personally.
11 Mar 2020

ZHANG QIANDONG v. 寧波市美悅商貿有限公司

Citation

[2020] HKCFI 394
Court

Court of First Instance
Case number

HCSD2/2019

The respondent must pay the applicant's costs of these proceedings (including submissions on costs) because the applicant substantially achieved the relief sought by obtaining withdrawal of the statutory demand, and on a broad assessment the applicant raised substantial matters warranting investigation such that the statutory demand would likely have been set aside; the arbitration clause further supported that result.