4 Jul 2007
The Company failed to produce precise and believable evidence demonstrating a bona fide dispute of substance as to the existence of the debt; consequently its application to strike out the petition was dismissed and the petition was left standing.
8 Jun 2004
On the balance of probabilities the judge found the monies advanced by the plaintiff were loans to the defendant, the defendant made partial repayments, and an outstanding principal of HK$261,000 remained payable by the defendant; the defendant's defence that the monies were a joint investment in a golf club membership was rejected and his counterclaim dismissed.
18 Jul 2001
The master was correct to grant unconditional leave because the defendant raised a bona fide factual defence that the payments were not loans but part of a commercial transaction; the dispute was not so untenable as to justify summary judgment and therefore the matter must proceed to trial.