Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Offers to compound

  • 22 Apr 2020

    RE MARGARET CHIU

    Citation
    [2020] HKCFI 617
    Court
    Court of First Instance
    Case number
    HCB7106/2018

    The court refused admission of the late affirmation and, applying s6A and s6D of the Ordinance and the objective reasonableness test, found the debtor failed to show ability or a reasonable prospect to pay and failed to demonstrate that no reasonable hypothetical creditor would have refused her offers; the offers were uncertain, lacked timely disclosure and adequate security, and the petitioning creditor's refusal was reasonable; accordingly a bankruptcy order was made against the debtor.

  • 17 Apr 2003

    RE HO KANG POR ALEX

    Citation
    RE HO KANG POR ALEX
    Court
    Court of First Instance
    Case number
    HCB21031/2002

    The court found a final District Court judgment for a liquidated sum, the statutory demand was properly served and not complied with so the debtor appeared unable to pay; the assets alleged by the debtor were company property not security for the judgment, the debtor's offers were unreliable and made in bad faith or for delay, and therefore the s.6 requirements were satisfied and the petition could not be dismissed under s.6D(3); a bankruptcy order was made.