Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Procedural timing of raising financial incapacity
  • 9 May 1988

    CHINE KIT LIMITED v. MA HING FUNG

    Citation
    CHINE KIT LIMITED v. MA HING FUNG
    Court
    Court of First Instance
    Case number
    HCA6846/1987

    Application dismissed because defendant failed to raise impecuniosity before the Master or on appeal and did not provide full, frank, or sufficient evidence of impossibility to pay the ordered sum; the onus to prove impossibility was not discharged and the belated, vague assertion was inadequate.

    • Leave to defend conditional on payment into court
    • Impecuniosity
    • Extension of time to file defence
    • Procedural timing of raising financial incapacity