Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Standing of creditors

  • 16 Jun 2022

    RE LAU HOI TO

    Citation
    [2022] HKCFI 1703
    Court
    Court of First Instance
    Case number
    HCCA3230/2020

    The caveator, a creditor claiming an unproven monetary debt, did not demonstrate a contrary interest in the estate or a legitimate interest in the relief under section 36 PAO; she had not pursued a section 36 application or a probate action despite time and information to do so; the outstanding loan was a disputed unsecured claim and not shown to be a material non-disclosure that justified retention of the caveat; accordingly the caveat and appearance were an abuse of process and properly struck out and the Master's order was affirmed.

  • 30 Mar 2011

    RE FUNG CHI FONG

    Citation
    RE FUNG CHI FONG
    Court
    Court of First Instance
    Case number
    HCB4235/2000

    The court held the petitioner was a creditor of the estate not a creditor of the deceased within s112 because the maintenance debt arose after death and relation‑back fiction was disapplied; therefore the court lacked jurisdiction to make the administration order and it must be rescinded. The correct test for sufficiency under s112 is a balance‑sheet assessment at the time of petition/hearing, taking into account realisation costs and contingencies.