Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Set-off/cross-demand

  • 15 Jan 1999

    IN RE MALCOLM MAYDWELL

    Citation
    IN RE MALCOLM MAYDWELL
    Court
    Court of First Instance
    Case number
    HCSD5/1998

    The Court dismissed the applications to set aside the three statutory demands and dismissed the strike‑out application to the expedited petition. The court refused to go behind the prior New South Wales judgment or to reopen it on the statutory demand applications because res judicata/issue estoppel did not preclude new proceedings on the judgment debt and the allegations of fraud/misrepresentation and asserted set‑offs lacked particularity, credibility or sufficient fresh evidence to raise a bona fide triable issue. The court construed section 6C to permit presentation of an expedited petiti…

  • 5 May 1972

    RE FOO WAI YU

    Citation
    RE FOO WAI YU
    Court
    Court of First Instance
    Case number
    HCB21/1971

    There existed a bona fide triable issue and an equitable cross-demand by the applicant arising from the Bank's undisclosed settlement and actions; the Bank as pledgee improperly defeated the applicant's right to pursue remedies by assigning and delivering bills without informing him; therefore the court exercised its discretion under Order 45 Rule 11 to grant a stay of execution pending trial of the third party proceedings and set aside the bankruptcy notice to preserve the effect of that stay.