Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Substantiation of claims
  • 4 Jun 2008

    RE LUEN CHEONG TAI CONSTRUCTION CO LTD

    Citation
    RE LUEN CHEONG TAI CONSTRUCTION CO LTD
    Court
    Court of First Instance
    Case number
    HCCW190/2002

    Adrian failed to substantiate its proof of debt on the balance of probabilities and did not answer repeated requests for documentation; POA certificates were insufficient on their face and inconsistent with Engineer's certificates; novation meant the Company did not receive the payment alleged; cross-claims further undermined the claim. Consequently the liquidators were justified in rejecting the proof in its entirety and the appeal is dismissed with indemnity costs in favour of the liquidators.