Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Payment in kind

  • 9 Mar 2009

    SY CHIN MONG, STEPHEN v. XIAN KARKIU ELECTRIC POWER LTD CO

    Citation
    SY CHIN MONG, STEPHEN v. XIAN KARKIU ELECTRIC POWER LTD CO
    Court
    Court of First Instance
    Case number
    HCSD31/2006

    The applications were dismissed because the applicant failed to demonstrate an arguable appeal with a reasonable prospect of success on either the equitable set‑off or payment‑in‑kind points; the earlier order had been executed rendering the first stay application misconceived; absence of an arguable appeal made a stay under s.104 unjustified despite concerns about irreparable harm, although security by payment into court was identified as a fair mechanism if an arguable appeal existed.

  • 9 Mar 2009

    RE SY CHIN MONG, STEPHEN

    Citation
    RE SY CHIN MONG, STEPHEN
    Court
    Court of First Instance
    Case number
    HCB1772/2009

    The court found the applicant's appeal lacked a reasonable prospect of success because the alleged cross-claim and the judgment debt arose from distinct transactions and were not so closely connected as to justify equitable set-off, and the payment-in-kind argument lacked substance; therefore there was no sufficient reason under s.104 to stay the bankruptcy proceedings, and the stay application was dismissed (the earlier application to stay the order was dismissed as misconceived and executed).