Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Inability to pay debts (s178)
  • 10 Nov 2023

    RE SILVER BASE (HOLDINGS) LTD

    Citation
    [2023] HKCFI 2916
    Court
    Court of First Instance
    Case number
    HCCW20/2023

    The summons to admit late evidence (Liang 4th and the revised Midland report) was dismissed for inordinate and unexplained delay with indemnity costs; the Company failed to prove repayment because its repayment records and vouchers were unreliable and inconsistent; the Midland report without comparables lacked probative value and none of the valuations conclusively showed the Property would command the Debt amount on the market; the Company did not secure the Debt to the reasonable satisfaction of the creditor and failed to show a bona fide defence; accordingly the court exercised its discret…