Hong Kong Case Law: Decisions & Judgments

Topic

International enforcement

Legal area

Court

16 Apr 2008

BANK OF CHINA (HONG KONG) LTD v. THE REGISTRAR OF COMPANIES AND OTHERS

Citation

BANK OF CHINA (HONG KONG) LTD v. THE REGISTRAR OF COMPANIES AND OTHERS
Court

Court of First Instance
Case number

HCMP475/2008

Application granted because it was made within two years, the applicant was an interested creditor with an unsatisfied proof of debt, there was a clear legitimate purpose (to enable foreign enforcement against a guarantor), respondents did not object and no prejudice would arise; accordingly the court exercised its discretion to void the dissolution and appoint the proposed liquidators, with procedural directions as per Registrar's draft.
28 Jan 2005

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD

Citation

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD
Court

Court of First Instance
Case number

HCCL117/1994

The court refused to extend time because the applicants offered no satisfactory explanation for a near two-year deliberate delay, the delay was calculated and self-serving, the defendant had acted on and complied with the judgment, and public interest in finality and prejudice to the defendant required dismissal; accordingly the application to set aside the judgment was dismissed.
7 Aug 2001

YUEN TOOMBS STEPHANIE DOWNS v. YUEN ELMER

Citation

YUEN TOOMBS STEPHANIE DOWNS v. YUEN ELMER
Court

Court of Appeal
Case number

CACV488/2001

The court dismissed the application for a stay of execution because the husband failed to apply expeditiously, did not demonstrate inability to pay the awarded sums or provide contingency plans for payment if his appeal failed, and therefore did not establish the special circumstances required to justify a stay; however, the court ordered a conditional stay of execution of the order setting aside share dispositions if the husband paid the awarded lump sums to the wife and children prior to determination of the set-aside application or the appeal.
30 Mar 1993

CHEN LILIAN HSIAO MEI OUNG v. CHEN SHIN TA MICHAEL

Citation

CHEN LILIAN HSIAO MEI OUNG v. CHEN SHIN TA MICHAEL
Court

Court of First Instance
Case number

HCMC6/1991

Because the petitioner was found to have engaged in deliberate, obstructive and contemptuous conduct and to have failed to make full and frank disclosure, the court drew adverse inferences about her wealth and, having regard to statutory factors and the children's needs, ordered the petitioner to pay specified lump sums: HK$7.2 million to the respondent for his immediate maintenance/rehabilitation and US$426,000 to be held on trust for the education and welfare of Te-ming; the court declined to make provision for the respondent's potential US litigation liabilities.

Hong Kong Case Law

BANK OF CHINA (HONG KONG) LTD v. THE REGISTRAR OF COMPANIES AND OTHERS

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD

YUEN TOOMBS STEPHANIE DOWNS v. YUEN ELMER

CHEN LILIAN HSIAO MEI OUNG v. CHEN SHIN TA MICHAEL