Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Expedited petition (section 6c)

  • 15 Jan 1999

    IN RE MALCOLM MAYDWELL

    Citation
    IN RE MALCOLM MAYDWELL
    Court
    Court of First Instance
    Case number
    HCSD5/1998

    The Court dismissed the applications to set aside the three statutory demands and dismissed the strike‑out application to the expedited petition. The court refused to go behind the prior New South Wales judgment or to reopen it on the statutory demand applications because res judicata/issue estoppel did not preclude new proceedings on the judgment debt and the allegations of fraud/misrepresentation and asserted set‑offs lacked particularity, credibility or sufficient fresh evidence to raise a bona fide triable issue. The court construed section 6C to permit presentation of an expedited petiti…

  • 15 Jan 1999

    IN RE MALCOLM MAYDWELL

    Citation
    IN RE MALCOLM MAYDWELL
    Court
    Court of First Instance
    Case number
    HCSD13/1998

    The court dismissed the applications to set aside all three statutory demands and dismissed the strike‑out application to the expedited petition. Res judicata did not bar fresh proceedings on the judgment debt given the changed circumstances and prior litigation history; there was no bona fide triable dispute, set‑off or properly pleaded fraud sufficient to go behind the registered judgment; English practice that the court will not generally go behind a judgment on a statutory demand was followed; section 6C was construed to allow an expedited petition where jeopardy exists and where the thre…

  • 15 Jan 1999

    IN RE MALCOLM MAYDWELL

    Citation
    IN RE MALCOLM MAYDWELL
    Court
    Court of First Instance
    Case number
    HCB964/1998

    The applications to set aside the statutory demands were dismissed because res judicata did not apply given materially changed circumstances and prior challenges had been fully litigated (including at the Privy Council); the alleged counterclaims and misrepresentation/fraud lacked bona fides, particularity and prospects of success and could not be used to go behind the judgment; the expedited petition under s6C was properly presented because the three‑week moratorium was effectively suspended while set‑aside applications were outstanding and WFM had established serious risk of diminution of a…