15 Apr 2025
RE MOK TSAN SAN
- Citation
- [2025] HKCFI 499
- Court
- Court of First Instance
- Case number
- HCB5428/2024
The debtor failed to discharge the burden of demonstrating a bona fide dispute on substantial grounds: the common mistake plea failed because non‑completion of the mortgagee sale did not render performance impossible nor void the Facility Agreement and the contract contemplated such risks and provided specific consequences (ATE clause and guarantor obligations); the ATE had in any event occurred as evidenced by the ATE Notice; allegations and other litigations do not amount to a substantiated defence to the Demanded Sum. Consequently a bankruptcy order was appropriate and the petitioners are…