Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Supporting creditor substitution
  • 9 May 2008

    RE JACKIN TOTAL FULFILMENT SERVICES LTD

    Citation
    RE JACKIN TOTAL FULFILMENT SERVICES LTD
    Court
    Court of First Instance
    Case number
    HCCW628/2006

    The petition by HBFP was dismissed because the alleged debt was bona fide disputed on substantial grounds such that the Company had shown a genuine dispute; although JSM as a supporting creditor had locus to present a petition based on contingent untaxed costs, the Company\u2019s insolvency was not demonstrated and the parent company\u2019s written undertaking to pay sums when properly assessed obviated the need for a winding-up order; accordingly no winding-up order was made and costs directions were given against the Petitioner.