✦ LIBER ✦
Insolvency law: a comparative analysis of the preference tests in the Hong Kong Special Administrative Region (HKSAR) and Australia
✍ Scribed by Shirley Quo
- Publisher
- John Wiley and Sons
- Year
- 2007
- Tongue
- English
- Weight
- 247 KB
- Volume
- 16
- Category
- Article
- ISSN
- 1180-0518
- DOI
- 10.1002/iir.150
No coin nor oath required. For personal study only.
✦ Synopsis
Abstract
This paper examines the unfair preference tests under corporate insolvency legislation in the Hong Kong Special Administrative Region (HKSAR) and Australia and undertakes a comparison of the law as it exists in relation to the tests in these jurisdictions. It suggests that the objective effects‐based test used in the Australian provisions may be more effective in terms of challenging unfair preferences than the subjective ‘desire’ test based on the actual or presumed intention of the debtor company used in HKSAR. Copyright © 2007 John Wiley & Sons, Ltd.