Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Liquidators' recovery

  • 18 Mar 2009

    SONIA YAU AND ANOTHER v. LAU MING YIN

    Citation
    SONIA YAU AND ANOTHER v. LAU MING YIN
    Court
    Court of First Instance
    Case number
    HCMP258/2009

    Service by registered post was properly effected and Company Registry and postal evidence established respondent was resident at the service address at the relevant time; respondent produced no credible evidence he was absent or did not receive the documents, his asserted defence lacked credibility and the proposed appeal had no real prospect of success, and there was substantial unexplained delay — therefore extension of time to appeal was refused.

  • 31 Jan 2008

    RE SWEETMART GARMENT WORKS LTD

    Citation
    RE SWEETMART GARMENT WORKS LTD
    Court
    Court of First Instance
    Case number
    HCCW755/2005

    The mortgage was an unfair preference and void because it was granted within six months of the winding up petition when the Company was insolvent, and the circumstances (bank correspondence showing consistent demands but limited tactical threats, the markedly more aggressive steps by other creditors, the absence of any meaningful commercial benefit to the Company from the loan which merely repaid existing overdrafts and overdue trust receipts, and the offering of security despite personal bankruptcy risks to directors) established that the Company was influenced by a desire to improve the Ban…