6 Jan 2026
Defendant's case is inherently implausible, internally inconsistent across multiple affirmations, unsupported by contemporaneous documentation and contrary to the commercial terms of the 2023 Credit Agreement; therefore there is no real or bona fide defence and summary judgment is appropriate for the dishonoured HSBC cheque claim.
2 Jul 2025
The petition was dismissed because there existed a bona fide dispute on substantial grounds as to whether the petitioner had an immediately payable debt: the payment was made under a subsisting subscription contract, there was no clear demonstrated total failure of consideration, repudiation and entitlement to terminate were not established as a matter for summary proceeding, and the company raised an arguable change‑of‑position defence; accordingly the statutory demand did not establish insolvency for winding‑up purposes.
28 Jun 2024
Leave to appeal dismissed because the 2nd Defendant has an arguable defence that there was no total failure of consideration and there are material disputed facts about the illegality and legal effectiveness of the Agreements which make the matter unsuitable for summary determination, so the plaintiffs lack a reasonable prospect of success on appeal.
7 Jun 2024
On the facts the deposit was paid and received on a joint understanding that the Agreement would become binding; that basis wholly failed because the vehicle was not delivered and no binding contract was completed; the defendant failed to prove change of position or bona fide purchaser defences (failed to prove delivery to Wong or application of the deposit); plaintiff entitled to restitution of HK$320,000 plus interest and defendant's counterclaim dismissed.
16 Mar 2023
The respondent failed to prove that the challenged payments were gifts; the respondent admitted $69,000 and, on the totality of the evidence including failure of consideration for the $50,000, the court was satisfied the debt was due and owing and made a bankruptcy order under section 6(2)(a) of the Bankruptcy Ordinance.
31 Mar 2022
The statutory demand was validly served at the address stipulated in the settlement agreement and brought to the debtor's attention; arbitration clauses did not plainly or expressly cover independent rights to sue on the dishonoured cheques and therefore do not bar court proceedings; the debtor failed to adduce credible, substantial evidence of triable disputes (no reliable proof of a 2017 settlement, duress was unsubstantiated and was ratified by conduct, failure of consideration and mitigation claims fell away), accordingly there were no bona fide disputes preventing the grant of a bankrupt…
11 Jan 2022
No oral term was proved that the advertisement must commence on 1 March 2019; the written contract only provided for commencement in March 2019 generally. The 1st defendant repudiated by failing to provide the Lightbox in March and must refund the fee actually paid in HKD (HKD91,300). The plaintiff failed to prove that the 2nd defendant knew the Lightbox would be unavailable in March and conspiracy liability against him fails. The claim for liquidated damages based on doubling an unstipulated deposit is rejected.
16 Nov 2021
Court found old flush transfer tank and pump formed part of communal plumbing at DMC inception and remained so; renovated transfer tank and new pumps therefore form common parts and plaintiff holds a quasi-easement binding successors; Control Panel on lavatory wall is not covered; 1st Licence was not void for total failure of consideration so plaintiff must pay licence fees for the licence term (HK$59,400); Fire‑fighting System installed c.2002 gave rise to proprietary estoppel and/or was attached prior to assignments so 2nd Licence void ab initio and defendants must repay HK$160,200.
24 Aug 2021
Summary judgment was refused and the plaintiff's application dismissed because triable issues exist arising from a prior decision that the underlying loans may be unenforceable under s23 MLO; the cheques are inextricably linked to those loans and their enforceability (including failure of consideration and potential need to exercise s23 discretion) cannot be resolved summarily; continuation of the action would be abusive and risks inconsistent or duplicative judgments, so the action is stayed pending final determination of the existing proceedings.
22 Jul 2021
The invoices and contemporaneous evidence established multiple distinct contracts under a cooperation framework; ETIL breached the Website & MLM System contracts by delivering defective systems and failing to hand over master access and breached the Marketing Materials contracts by failing to supply materials. ReJeune proved actual reliance and mitigation costs of HK$292,000 and total failure of consideration for HK$43,000, so judgment for those sums follows. The unjust enrichment novel point was unnecessary to decide. Trial in absence was proper given service and non-appearance; counterclaim…