Hong Kong Case Law: Decisions & Judgments

Topic

Discharge of debt

Legal area

Court

31 Oct 2024

CHINA CONSTRUCTION BANK (ASIA) CORPORATION LTD v. KLARENKEN ENTERPRISE LTD AND OTHERS

Citation

[2024] HKCFI 2691
Court

Court of First Instance
Case number

HCA1515/2023

Defendants' asserted defences were not reasonably arguable because there was no credible contemporaneous evidence of the alleged Collateral Agreement or bank representations, no effective set-off or accepted placement of funds at the bank's disposal to discharge the debt, and the clear terms of the guarantees preserved the bank's right to pursue guarantors; accordingly there were no triable issues warranting refusal of summary judgment and both appeals were dismissed.
17 Nov 2022

RE BGA HOLDINGS LTD (Formerly Known as BEIBU GULF OCEAN SHIPPING (GROUP) LTD)

Citation

[2022] HKCA 1723
Court

Court of Appeal
Case number

CACV557/2021

The applications to adduce new evidence were refused because the Company failed to satisfy the Ladd v Marshall criteria: Zhou's affirmation could have been obtained with reasonable diligence before the hearing and would not have materially affected the outcome given her limited personal knowledge and the existence of contemporaneous documents; Lau's later witness statement added nothing new as it duplicated an earlier BVI affirmation already before the judge. The Judge's finding that the Company failed to raise a bona fide dispute was upheld and the convictions as to repayability on demand, a…
26 May 2010

LU MING HUI v. HO YU KUEN

Citation

LU MING HUI v. HO YU KUEN
Court

Court of First Instance
Case number

HCA472/2009

The promissory note met the statutory definition and, absent admissible evidence creating a triable issue, the defendant failed to rebut the presumption of enforceability; parol evidence contradicting the written instruments was inadmissible and the defendant's alleged defences were implausible and unsupported, therefore summary judgment was appropriate and the appeal dismissed.
2 Dec 2008

RE SHIU CHING YIM STELLA

Citation

RE SHIU CHING YIM STELLA
Court

Court of First Instance
Case number

HCB4324/2008

The debtor failed to prove that the debt had been paid, settled or discharged and produced no evidence to show that the overstatement caused any injustice; correspondence showed any settlement was between petitioner and Chung only and did not extinguish the debtor's liability, therefore a bankruptcy order was properly made.
8 Mar 1988

DAVID HARDY GLYNN v. COMMISSIONER OF INLAND REVENUE

Citation

DAVID HARDY GLYNN v. COMMISSIONER OF INLAND REVENUE
Court

Court of First Instance
Case number

HCIA5/1987

The 9 June 1982 agreement amounted to a novation extinguishing the taxpayer's prior contractual liability to the school so that thereafter the company contracted with and was primarily liable to the school; because the company paid its own obligation, no debt of the taxpayer was discharged and no money or money's worth 'came in' to the taxpayer; consequently the school fees paid by the company after novation were not taxable as a perquisite of the taxpayer.

Hong Kong Case Law

CHINA CONSTRUCTION BANK (ASIA) CORPORATION LTD v. KLARENKEN ENTERPRISE LTD AND OTHERS

RE BGA HOLDINGS LTD (Formerly Known as BEIBU GULF OCEAN SHIPPING (GROUP) LTD)

LU MING HUI v. HO YU KUEN

RE SHIU CHING YIM STELLA

DAVID HARDY GLYNN v. COMMISSIONER OF INLAND REVENUE