Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sale of secured property

Legal area

Court

7 Nov 2012

SHAO KUNG CHUEN v. THE BANK OF EAST ASIA, LTD

Citation

SHAO KUNG CHUEN v. THE BANK OF EAST ASIA, LTD
Court

Court of First Instance
Case number

HCSD35/2011

The application to set aside the statutory demand was dismissed because the applicant failed to establish a valid set-off or other grounds under Bankruptcy Rule 48(5); he produced insufficient evidence that the Hong Kong and Mainland facilities were integrated or that the Chinese proceedings gave rise to a set-off, and he had not taken steps to realise foreign property or made proposals to secure the debt.
2 Mar 1998

RE HOI KUK FA WINNIE

Citation

RE HOI KUK FA WINNIE
Court

Court of First Instance
Case number

HCB802/1997

Even if the debtor did not actually receive the 1995 papers, service was properly effected by attempts at multiple addresses and substituted service with advertisement; the debtor admitted indebtedness, had no meritorious defence and failed to take effective steps to pursue the proposed sale or otherwise avoid enforcement; the bank was entitled to enforce its security and refuse instalment repayment — therefore the application to set aside the order was dismissed.