Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Power of sale under mortgage

Legal area

Court

27 Apr 2005

RE ACADA DEVELOPMENTS CO LTD

Citation

RE ACADA DEVELOPMENTS CO LTD
Court

Court of First Instance
Case number

HCCW649/2004

The court found the companies failed to discharge the burden of showing a bona fide dispute on substantial grounds: the alleged forbearance and repayment arrangements were undocumented, lacked particularity and commercial sense, contained inconsistencies including changing dates, were not raised in earlier related proceedings, and thus did not prevent winding-up; accordingly winding-up orders were made.
16 Feb 2001

AMPITTIA INC. v. B-TECH (HOLDINGS) LTD. AND OTHERS

Citation

AMPITTIA INC. v. B-TECH (HOLDINGS) LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA338/2001

Although plaintiff established a good arguable case on the loan claim and there was a serious issue to be tried under s60 CPO regarding the Shanghai Property sale, there was insufficient evidence of a real risk of dissipation of assets and the ex parte application involved material non-disclosure regarding the group’s financial position; granting the interlocutory injunction would improperly confer priority on an unsecured creditor and interfere with bona fide business. Therefore the injunction was discharged (subject to a stay pending appeal).