Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sham and misrepresentation
  • 4 Mar 2026

    RE NORTH STAR ELECTRONIC (HONGKONG) LTD

    Citation
    [2026] HKCFI 1332
    Court
    Court of First Instance
    Case number
    HCCW658/2025

    The Petition was dismissed because (1) the promissory note contained a forum-selection clause demonstrating the parties intended Texas jurisdiction and the Petitioner was bound by acceptance of the note; (2) the Company established a bona fide substantial dispute (fraud, misrepresentation and sham) as to the validity/enforceability of the note such that the debt was not established; (3) presentation of the Petition in Hong Kong in those circumstances constituted an abuse of process and the Petitioner lacked locus as a creditor; and (4) the Petitioner’s authority to present the Petition was ta…