Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 9(5) bankruptcy ordinance

  • 28 Jul 2004

    RE MAK KAM LING

    Citation
    RE MAK KAM LING
    Court
    Court of First Instance
    Case number
    HCB8606/2001

    The stay under section 9(5) was removed and the petitions dismissed because there was a material change of circumstances (no realistic prospect of criminal prosecution and substantial, unexplained delay in commencing and prosecuting the civil proceedings) causing prejudice to the debtors; the security paid into court covered the alleged indebtedness and the disputes as to liability should be resolved by the civil court, not by continuing to secure relief by way of a stay in the bankruptcy forum.

  • 19 Apr 2001

    RE: CHAN HUNG TUEN and EX-PARTE: CHUN KEEN PROPERTY CONSULTANTS LTD.

    Citation
    RE: CHAN HUNG TUEN and EX-PARTE: CHUN KEEN PROPERTY CONSULTANTS LTD.
    Court
    Court of First Instance
    Case number
    HCB2340/2000

    Court found statutory demand validly served by substituted service and advertisement because debtor had notice and could have arranged personal service; creditor had reasonable cause to believe realization on charged property would not recover the debt based on director's evidence; oral agreement between landlord and tenant treated the HK$180,000 deposit as forfeited and applied to landlord's loss and costs, so debtor had no set-off; on those findings bankruptcy order was justified but deferred two clear days to permit payment pursuant to debtor's undertaking, with rescission if payment made.