Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Set-off and cross-claim

Legal area

Court

25 Jan 2024

WING KEI STRUCTURAL METALWORKS COMPANY LTD v. WAH FAI CONSTRUCTION AND ENGINEERING COMPANY LTD

Citation

[2024] HKCFI 255
Court

Court of First Instance
Case number

HCCW128/2022

Clause 11 did not constitute a clear condition precedent or pay-when-paid clause and therefore did not defeat the Petitioner's entitlement to the Debt; the Company failed to demonstrate any bona fide dispute on substantial grounds or any substantiated cross-claim or set-off exceeding the Debt; the new evidence sought to be adduced did not satisfy the Ladd v Marshall criteria and was inadmissible; accordingly the Company's summons was dismissed and a winding up order was made against the Company.
13 Nov 2008

RE AFFLUENCE PICTURES LTD

Citation

RE AFFLUENCE PICTURES LTD
Court

Court of First Instance
Case number

HCCW12/2008

The court held the CIETAC award was enforceable: there was no miscarriage of justice or real ground to doubt the award because the Company fully participated in arbitration and failed to raise the alleged defences there; the alleged oral collateral agreements and penalty argument were not credible and could have been raised earlier; the Company did not establish a genuine and serious cross-claim (it was delayed, supported by unreliable evidence and did not exceed the petition debt), therefore the winding-up petition succeeded and the Company was ordered to be wound up.