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Hong Kong statutory demandunjust enrichment

Kho Luis Fabregas v Wu You

[2026] HKCFI 125
JurisdictionHong Kong
CourtHK Court of First Instance
Year2026
StatusBinding authority

Summary

Restitutionary claims may form the subject of a statutory demand in winding-up and bankruptcy proceedings under HK insolvency law.

Key Principle

Court resolved whether restitutionary claims can form the subject of a statutory demand in winding-up and bankruptcy proceedings.

Area of Law

insolvency

Related Cases

Stubbings v Jams 2 International Pty Ltd (2022) 399 ALR 409

In unfair preference claims, payments and supplies within a continuing business relationship are assessed as a whole under the running account principle, not individually.

Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 233

HCA held that a creditor's statutory demand under s.459E Corporations Act cannot be set aside merely because the company disputes the debt; a genuine dispute on substantial grounds must be shown.

Vince v ASIC [2021] FCAFC 69

Director disqualification upheld where director failed to maintain adequate books and records, constituting misconduct in management of insolvent company.

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