13 Nov 2025
AGGRESSIVE CONSTRUCTION COMPANY LTD v. WING YIP BUILDING MATERIALS & ENGINEERING CO., LTD
- Citation
- [2025] HKCFI 5586
- Court
- Court of First Instance
- Case number
- HCMP446/2025
The court granted a quia timet injunction restraining the Defendant from presenting/taking out/advertising any winding-up petition based on the 1st statutory demand because the Plaintiff demonstrated a bona fide and arguable cross-claim (supported by HKHA's List of Outstanding Works) that may exceed the 1st SD; the court refused an injunction in respect of the 2nd statutory demand because the Plaintiff failed to show on substantial grounds that the payment application had not been received by its commercial department and an adverse inference was drawn from Plaintiff's failure to call relevan…