Hong Kong Case Law: Decisions & Judgments

Topic

Liquidator claims

Legal area

Court

15 Oct 2007

AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. DOMINE KO CHEONG WING AND ANOTHER

Citation

AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. DOMINE KO CHEONG WING AND ANOTHER
Court

Court of Appeal
Case number

CACV430/2006

The Court held the amended points of claim were arguable and the writ and its endorsements provided sufficient notice to avoid the waiver within limitation; the fraud and knowledge allegations alleged sufficient facts to require trial rather than summary strike out, and therefore leave to amend and the action should proceed; appeal dismissed.
5 Jul 2005

GUANGDONG INTERNATIONAL TRUST & INVESTMENT CORPORATION HONG KONG (HOLDINGS) LTD v. M.O. HOLDINGS LTD AND OTHERS

Citation

GUANGDONG INTERNATIONAL TRUST & INVESTMENT CORPORATION HONG KONG (HOLDINGS) LTD v. M.O. HOLDINGS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1216/2001

On the balance of probabilities the 3rd Defendant proved that the USD2,000,000 and USD3,000,000 payments were made by the 1st Defendant for and on behalf of the 3rd Defendant, extinguishing the USD5,000,000 debt; contractual interest at 13% attached to the short term advance; accordingly the Plaintiff's claim against the 3rd Defendant is dismissed and judgment is entered for the 3rd Defendant, while the Plaintiff's claim against the 1st Defendant succeeds for the larger sum claimed with interest per the loan agreement.
7 May 2001

The New China Hong Kong Finance Ltd. (in liquidation) v. To Sau Ching

Citation

The New China Hong Kong Finance Ltd. (in liquidation) v. To Sau Ching
Court

District Court
Case number

DCCJ14129/2000

The court held that initial non-compliance with Order 83A r.2 was an irregularity curable by amendment and did not render proceedings a nullity; the plaintiff proved on the balance of probabilities that the standard loan agreement and authority letters were signed pursuant to usual business practice and that account records and statements established the principal and pre-liquidation contractual interest; summary judgment was entered for the plaintiff for HKD 157,188.45 (principal HKD 115,901.83, custodian charges HKD 200, contractual interest to liquidation HKD 41,086.62) with interest order…

Hong Kong Case Law

AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. DOMINE KO CHEONG WING AND ANOTHER

GUANGDONG INTERNATIONAL TRUST & INVESTMENT CORPORATION HONG KONG (HOLDINGS) LTD v. M.O. HOLDINGS LTD AND OTHERS

The New China Hong Kong Finance Ltd. (in liquidation) v. To Sau Ching