25 Nov 2022
BALRAM CHAINRAI v. LAKSHMI PREMISES PRIVATE LTD
- Citation
- [2022] HKCFI 3560
- Court
- Court of First Instance
- Case number
- HCSD16/2022
The Applicant demonstrated a bona fide dispute on substantial grounds: the alleged oral guarantee was insufficiently particularised, contemporaneous documents do not record it, the communications relied on are ambiguous and susceptible to alternate interpretation, and subsequent loan extensions and variations support discharge or at least a substantive dispute; accordingly the statutory demand was not a clear case and must be set aside.