In Re Chow Kai Weng (A Debtor) [2025] HKCFI 1888, the Court dismissed the Debtor’s interim order application.

Individual Voluntary Arrangement (IVA) is an alternative to bankruptcy – it involves an application to the Court for an Interim Order. The debtor is required to make a repayment proposal to the creditors which, on approval, is binding on all creditors. However, contrary to the widely-held belief that interim order applications appear to be non-contentious in nature, time and again the Court of Appeal has reminded practitioners that:

Parkside’s Derek J Y Chan, instructed by Tanner De Witt, acted for the successful Plaintiffs, China City Construction (International) Co., Limited (In Creditors’ Voluntary Liquidation) and Dingway Investment Limited (In Compulsory Liquidation), both acting through their liquidators, in obtaining an anti-suit injunction (“ASI”) to restrain China City Construction & Development Co., (HK) Limited from continuing proceedings (“the Beijing proceedings”) it had commenced in the People

Robert Chan, instructed by Leon Lai & Co, represented D2-Leung Yung (“Leung”), the former Chief Executive Officer of Peace Mark (Holdings) Ltd, to resist the Plaintiffs’ application to amend their claim to include a plea of wilful default or wilful negligence.