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Hong Kong liquidation voluntary and compulsorycosts orders

Re Silver Base International Co Ltd

[2022] HKCFI 1793
JurisdictionHong Kong
CourtHK Court of First Instance
Year2022
StatusBinding authority

Summary

Cost orders are analogous to cheques and should be treated as readily enforceable and readily cashable in insolvency proceedings.

Key Principle

Cost orders are just like cheques in that they should be seen as readily enforceable and readily cash-able.

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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