Hong Kong Court confirms cross-claim in winding-up petitions can amount to abuse of process

In a recent winding-up case, Discreet Ltd v. Wing Bo Building Construction Co., Ltd [2017] HCCW 49/2017, the Court confirmed that when there is clearly a cross-claim which exceeds the sum claimed by the petitioner, and it is clear that the cross-claim is genuine and based on substantial grounds, the petition can amount to an abuse of process.

Background

Filed under:
Hong Kong, Insolvency & Restructuring, Litigation, Deacons, Abuse of process
Authors:
Genevieve Lam
Location:
Hong Kong
Firm:
Deacons