Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Validity of bankruptcy notice

Legal area

Court

16 May 1995

Re: FU HAY KIN v. Ex Parte: FU LO LAI LIN

Citation

Re: FU HAY KIN v. Ex Parte: FU LO LAI LIN
Court

Court of First Instance
Case number

HCB279/1994

Because the underlying order fell within s4(1) and s12(1) required leave to enforce arrears older than twelve months and no leave had been obtained, the judgment sum was not immediately due and payable; therefore the bankruptcy notice was invalid and the bankruptcy proceedings had to be set aside.
13 Apr 1987

RE LAU YAT MING TRADING AS HONG KONG PACKETS CORPORATION A JUDGMENT DEBTOR

Citation

RE LAU YAT MING TRADING AS HONG KONG PACKETS CORPORATION A JUDGMENT DEBTOR
Court

Court of First Instance
Case number

HCB316/1986

Because the $2,100 remained a credit available to the debtor until the creditor exercised its right of set-off and there was no evidence it was paid to discharge the judgment debt or repudiated by the creditor, the amount claimed in the bankruptcy notice was correct and the application to set aside the notice must be dismissed.