Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdictional fact determination
  • 22 Feb 2019

    RE CAI SUI RONG

    Citation
    [2019] HKCFI 514
    Court
    Court of First Instance
    Case number
    HCB2859/2018

    Crossexamination was ordered limited to domicile and place of residence because those are jurisdictional facts turning on the respondent's subjective intention and explanations for objective indicators recorded in evidence; the bank is entitled to test those assertions in person. Crossexamination was refused on the timing of the respondent's knowledge of the statutory demand because rule 46 of the Bankruptcy Rules focuses on whether the creditor took all reasonable steps to bring the demand to the debtor's attention, not on when the debtor actually became aware of it, and the bank did not sho…