Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Extension of time under s86

Legal area

Court

16 Feb 2011

RE LUCKSWELL INVESTMENT LTD

Citation

RE LUCKSWELL INVESTMENT LTD
Court

Court of First Instance
Case number

HCMP2242/2010

An extension under s86 was granted because the applicant provided an adequate explanation for the registration delay and filed evidence stating no reason to believe the assignors would be liquidated; the court held assignor company evidence on solvency is not universally required and is unnecessary where the applicant's evidence suffices.
16 Feb 2011

RE JASUKA INDUSTRIES (HKSAR) LTD

Citation

RE JASUKA INDUSTRIES (HKSAR) LTD
Court

Court of First Instance
Case number

HCMP2259/2010

It is not necessary in every case for the assignor company to file evidence addressing solvency and prospects of winding-up; instead the applicant must file evidence explaining the circumstances of the failure to register the charge and stating that it has no reason to believe the assignor is likely to be put into liquidation. Applying that principle, the court granted the 28 day extension sought.