Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statute-barred debt

Legal area

Court

6 Oct 2006

SHUN KAI FINANCE CO LTD v. WONG SHUN

Citation

SHUN KAI FINANCE CO LTD v. WONG SHUN
Court

Court of First Instance
Case number

HCB1166/2006

The debtor's signatures on the Statement of Affairs constituted a personal acknowledgement of indebtedness under s23(3) of the Limitation Ordinance, thereby restarting limitation time as at the liquidation date (5 November 2003) and rendering the claim not statute-barred; alternatively the debtor's obligations are enforceable as a specialty because he executed the agreements as deeds, and no bona fide dispute of substance exists; therefore bankruptcy order appropriate.
3 Nov 2003

TANG FU SING AND ANOTHER v. YEUNG FOOK MUI AND OTHERS

Citation

TANG FU SING AND ANOTHER v. YEUNG FOOK MUI AND OTHERS
Court

Court of First Instance
Case number

HCMP1183/2003

On the facts—no evidence of enforcement, mortgagee deceased long ago, uninterrupted possession by owners, and administrators' non‑opposition—the court concluded the mortgage has either been discharged or become statute‑barred under section 19 of the Limitation Ordinance and therefore is no longer subsisting or capable of taking effect, and granted the declaratory relief sought.