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Hong Kong decisions
Decisions matching the current search
The court continued an interim injunction in winding-up proceedings, holding that the available evidence raised insolvency and preference concerns about applying sale proceeds to repay a director’s loan.
The Court of First Instance dismissed an unfair preference application concerning a post-dated cheque and guarantee, finding no proven subjective desire to prefer the creditor.
High Court judgment on a tripartite supply-chain arrangement. The court upheld De Chang’s claim for payment, rejected the defendants’ defences, and dismissed the counterclaim.
The Court of First Instance held that seven payments totalling HK$700,000 to a director-shareholder were unfair preferences and ordered repayment to the liquidators.
The court struck out claims based on early redemption of convertible notes and disallowed new share-repurchase and note-redemption claims as time-barred additions.
The court granted a worldwide Mareva injunction against Mr Ho for US$200 million, refused direct freezing relief against Grande, and ordered asset disclosure with confidentiality protections.
The court held that the vendor showed good title. A prior winding-up order and an alleged voidable transfer did not defeat title acquired by DBS Bank and passed to the defendant.
The court continued a Mareva injunction in an arbitration-related dispute, finding a real risk of dissipation where properties were transferred to related companies.
The court set aside an irregular default judgment after an acknowledgement of service had been filed, but imposed a payment-into-court condition and costs consequences.
The Court of Appeal set aside a garnishee order nisi but refused to declare the debt assignment valid, holding the disputed facts required trial.
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