Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Reverse cross-claim

Legal area

Court

5 Aug 2009

RE SINOM (HONG KONG) LTD

Citation

RE SINOM (HONG KONG) LTD
Court

Court of First Instance
Case number

HCMP73/2009

The injunction was refused because the statutory demand debt was not shown to be genuinely disputed and MGM demonstrated a reverse cross-claim of sufficient substance and quantum to offset the Company’s cross-claims such that restraining presentation of a winding-up petition was not justified; therefore the Company failed to show clear and persuasive grounds to restrain the statutory remedy.
20 Apr 2006

TO KWAN CHAK AND ANOTHER t/a ELITE CONSTRUCTION CO v. CITY TOP ENGINEERING LTD

Citation

TO KWAN CHAK AND ANOTHER t/a ELITE CONSTRUCTION CO v. CITY TOP ENGINEERING LTD
Court

Court of First Instance
Case number

HCCW1035/2004

The court held that reverse cross-claims may be taken into account even where the company raises a set-off, provided the reverse cross-claims are certain to become debts because there is no realistic defence; applying that approach and assessing the assignments, the maximum sum the assignee (Hoi Lee) could rely on was HKD 502,852.81, while the court found the company’s bona fide claims/set-offs of substance in aggregate exceeded that figure, therefore the petition was an abuse and must be dismissed and the substitution refused.