Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Set aside of statutory demand

Legal area

Court

10 Jul 2025

有關債務人仇家聲的事宜

Citation

[2025] HKCFI 3148
Court

Court of First Instance
Case number

HCB421/2025

When the bank credited the loan to the debtor's account a legally binding loan obligation arose; the debtor failed to demonstrate a bona fide dispute on substantial grounds with sufficiently precise evidence (the alleged bank statements were unsubstantiated and irrelevant); theft by a third party does not absolve the debtor of the contractual obligation to repay the lender/assignee; accordingly a bankruptcy order was warranted.
28 Nov 2000

WINTERTHUR LIFE INSURANCE CO. v. AU OI FONG SUSANA

Citation

WINTERTHUR LIFE INSURANCE CO. v. AU OI FONG SUSANA
Court

Court of First Instance
Case number

HCB1178/1999

The statutory demand was not rendered defective by the modest overstatement; the debtor failed to demonstrate a valid defence to liability (no misrepresentation, duress or undue influence established, and advances were contractual not wages), the principal debt of $50,930.31 stood, there was no entitlement to further judgment interest after termination, and failure to comply with the statutory demand constituted inability to pay under s6A(1)(a), therefore a bankruptcy order was justified.