Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdiction under bankruptcy ordinance s.104
  • 5 Mar 2020

    RE LEE MING CHEUNG

    Citation
    [2020] HKCFI 297
    Court
    Court of First Instance
    Case number
    HCB607/2019

    The summons to stay the bankruptcy petition was dismissed because the applicant failed to show the appeal was arguable: contemporaneous evidence of telephone calls, appointment attempts, advertisement and posting established reasonable steps and notice of the statutory demand so the service ground was not arguable; and the petitioning debt was admitted by the applicant and was a sum ascertainable by reference to market data, therefore a liquidated claim capable of founding a statutory demand, so the liquidated-sum ground was not arguable. Absent an arguable appeal there was no basis to exerci…