WONG CHUI BING v. BLOOMYEARS LTD

WONG CHUI BING v. BLOOMYEARS LTD

The Company failed to raise a bona fide dispute on substantial grounds: its alleged consultancy agreement was implausible, unsupported by contemporaneous documentary evidence, vague in particulars, and inconsistent with its earlier pleadings; the Petitioner proved the payment and the cheque dishonour and the Company did not comply with the statutory demand, thus the Company is deemed unable to pay under s178(1)(a) Cap 32 and a winding-up order is warranted.

Citation
[2026] HKCFI 1646
Parties
Petitioner: Ms Wong Chui Bing; Debtor Company: Bloomyears Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 March 2026
Case Number
HCCW160/2025
Procedural Posture
Winding Up Petition / Judgment
Outcome
Winding-up order granted against Bloomyears Ltd
Legal Topics
Winding Up, Statutory Demand, Debt Dispute, Financial Resources Rules Compliance, Alleged Consultancy Agreement, Cheque Dishonour
Source Language
EN
Company Law Insolvency Securities Regulation Negotiable Instruments Law Winding Up Statutory Demand Debt Dispute Financial Resources Rules Compliance +2 more

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Parties

Ms Wong Chui Bing

Petitioner

Bloomyears Ltd

Debtor Company

Procedural Posture

Winding Up Petition / Judgment

Legal Issues

  1. 1 Whether the Company is indebted to the Petitioner for HK$2,100,000
  2. 2 Whether the Company has raised a bona fide dispute on substantial grounds to resist a winding-up petition
  3. 3 Whether the alleged consultancy agreement existed and if the HK$2.1m payment was a consultancy fee rather than a loan

Ratio Decidendi

The Company failed to raise a bona fide dispute on substantial grounds: its alleged consultancy agreement was implausible, unsupported by contemporaneous documentary evidence, vague in particulars, and inconsistent with its earlier pleadings; the Petitioner proved the payment and the cheque dishonour and the Company did not comply with the statutory demand, thus the Company is deemed unable to pay under s178(1)(a) Cap 32 and a winding-up order is warranted.

Court Disposition

Winding-up order granted against Bloomyears Ltd

Orders

  • Grant usual winding-up order against Bloomyears Ltd
  • Company deemed unable to pay its debts by virtue of non-compliance with statutory demand dated 16 October 2024 (s178(1)(a) Cap 32)