5 Dec 2022
MENGIWA PROPERTY INVESTMENT LTD v. LIFESTYLE RESTAURANT LTD
- Citation
- [2022] HKCFI 3640
- Court
- Court of First Instance
- Case number
- HCA1864/2021
The court exercised its discretion under Order 29 r.11(1)(b) to grant an interim payment of HK$3,622,764.93 because (1) there is a judgment on liability with damages to be assessed, (2) the assessment is unlikely to be concluded soon and delay prejudices the plaintiff, (3) there is no admissible evidence that the defendant is insolvent or that payment would unfairly prejudice other creditors, and (4) the defendant cannot rely on insolvency arguments inconsistently while contesting the winding-up petition; s.182 CWUMPO does not automatically bar interim payment and validation can be sought if…