23 Oct 2024
RE ZHAN XIANMING
- Citation
- [2024] HKCFI 2889
- Court
- Court of First Instance
- Case number
- HCB3433/2005
Gracewood had standing because its claim was pecuniary and not statute-barred as Clause 8 validly deferred limitation until demand of 9 March 2022; Zhan failed to prove domicile or carrying on business in Hong Kong and gave no admissible evidence (did not attend for cross-examination); the petition therefore lacked jurisdiction under s4 BO and the Bankruptcy Order made 6 July 2005 was annulled; discretion properly exercised to set aside an order made without jurisdiction.