21 Sept 2020
Because judgment had been obtained, the merits of the company's defence had been considered and dismissed, no stay of judgment was obtained, and the company could not provide payment into court or realistic security, the unsatisfied statutory demand established a prima facie case of insolvency and a winding up order should be made.
10 Apr 2008
Section 19 covers instruments 'pending registration' and the court will exercise its wide discretion to vacate registration where doing so is just in the circumstances; here the court allowed vacatur of five instruments affecting the whole property on payment into court of HK$12,000,000 (HK$6,000,000 for the 1st Defendant and HK$6,000,000 for the Plaintiff) because the dispute concerned only Unit C, parties sought damages not specific performance, the 2nd Defendant offered security, and the sums ordered were assessed as sufficient to protect the parties' interests.
22 May 1986
Appeal allowed: it was improper to uphold parts of the default/summary judgment based on affidavit examination of disputed running account entries; where accounts require detailed enquiry, summary judgment should not be given and the defendant was granted leave to defend the whole claim provided they bring the whole amount claimed into court or provide security within 21 days.
28 Jan 1981
The court refused the plaintiff's application for an interim injunction because, on balance of convenience, the defendant would suffer irremediable harm if restrained while the plaintiff's claims (including copyright and passing off) were speculative and the market contained many similar articles; the plaintiff could be adequately protected by security and disclosure. Accordingly the court ordered the defendant to pay into court 40% of total proceeds of sale of the alleged infringing article at month end commencing 31 January 1981, to deposit sealed envelopes with customer names and addresses…