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The Joint and Several Liquidators of Joy Rich Development Ltd v Chen Muhua (also known as Winky Chan) and Another (Re Joy Rich Development Ltd) [2024] HKCA 122
[2024] HKCA 122
Key Principle
On an appeal against a liquidator's rejection of a proof of debt, the principle in Fielding v Hunt applies: where a liquidator seeks to have the court disbelieve a proving creditor's sworn evidence on a material factual dispute, the liquidator ought to apply to cross-examine the creditor; absent such an application, the liquidator cannot invite the court to reject that evidence unless it is of an incredible or romancing character.
Area of Law
insolvency
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