Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Postponement of judgment

  • 28 Jun 2024

    RE PAN SUTONG

    Citation
    [2024] HKCA 580
    Court
    Court of Appeal
    Case number
    CACV266/2022

    The Court held that the disputed 'Overall Agreement' allegation lacked credibility and did not raise a bona fide dispute of the debt on substantial grounds; the late and unconvincing Peng evidence and recorded calls did not justify re-opening issues already decided and did not satisfy standards for fresh evidence; issue estoppel/abuse of process (Turner principle) barred re-litigation; jurisdiction to wind up Silver Starlight was properly established and the bankruptcy and winding up orders were correctly made; the proposed Oaktree financing was non-binding and insufficient to merit postponem…

  • 14 Mar 2023

    PAN SUTONG v. CHINA CITIC BANK CORPORATION LTD, TIANJIN BRANCH AND OTHERS

    Citation
    [2023] HKCA 365
    Court
    Court of Appeal
    Case number
    CACV525/2021

    The Court granted the Banks leave to adduce the affidavit of Leung in the postponement appeal because the evidence (creditors' meeting admitting c. HK$113.7bn) was not obtainable with reasonable diligence before the judge and was material to the premise of the appeal; directed that Silver Starlight's leave application be heard at a rolled-up combined hearing with Pan's appeals; and ordered security for costs of HK$1.5 million apportioned between the appeals with payment into court within 28 days, stayed further proceedings until payment and dismissal of appeals in default, because the appella…

  • 14 Mar 2023

    RE PAN SUTONG

    Citation
    [2023] HKCA 365
    Court
    Court of Appeal
    Case number
    CACV261/2022

    The Court directed a combined (rolled‑up) hearing of the related appeals; it granted the Banks leave to adduce the affidavit evidence in CACV 261/2022 (postponement appeal) because the evidence was not obtainable with reasonable diligence before the judge's decision and might materially affect prospects of repayment; it ordered appellants Pan and Silver Starlight to provide security for costs in the aggregate sum of HK$1,500,000 apportioned between the four appeals, to be paid into court within 28 days, staying the appeals until payment and providing for dismissal on default, and ordered the…

  • 14 Mar 2023

    RE PAN SUTONG

    Citation
    [2023] HKCA 365
    Court
    Court of Appeal
    Case number
    CACV266/2022

    The Court of Appeal admitted the Banks' post‑hearing evidence for the postponement appeal (CACV 261/2022) because it was not obtainable with reasonable diligence before the decision and it could significantly affect prospects of repayment; directed a rolled‑up combined hearing of related appeals and applications; rejected submissions that insolvency alone precluded security orders and ordered appellants (Pan and Silver Starlight) to provide security for costs of HK$1.5 million apportioned between the appeals with specified payment and default consequences; held that joinder of a third party w…

  • 14 Mar 2023

    CHINA CITIC BANK CORPORATION LTD, TIANJIN BRANCH AND OTHERS v. SILVER STARLIGHT LTD

    Citation
    [2023] HKCA 365
    Court
    Court of Appeal
    Case number
    CACV265/2022

    The Court directed a rolled-up consolidated hearing of the related appeals and applications; it granted the Banks leave to adduce the affidavit of Leung Ping Chiu in the postponement appeal (CACV 261/2022) because the evidence was not obtainable with reasonable diligence before the judge's decision and was potentially outcome-determinative; it refused to accept joinder of a third party as a substitute for security without evidence of means; and it ordered appellants to provide security for costs totalling HK$1,500,000 apportioned between the appeals, with failure to pay resulting in dismissal…