14 Jul 2022
CHAN WS AND ANOTHER v. CC Bank
- Citation
- [2022] HKCA 1037
- Court
- Court of Appeal
- Case number
- CACV59/2021
The Court of Appeal allowed the respondent's appeal, holding the judge below misdirected herself by failing to consider whether the over‑statement caused substantial injustice; the creditor had clarified the correct amount and there was no evidence the debtors could or would have paid the correct amount, so no injustice would follow if the demands stood; the SDs should not have been set aside and the application is dismissed; respondent authorised to present bankruptcy petitions; costs orders adjusted accordingly.