Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bona fide dispute

  • 15 May 2026

    RE WANG WEITAO

    Citation
    [2026] HKCFI 2813
    Court
    Court of First Instance
    Case number
    HCB8432/2025

    The filing of the Company’s notice of appeal after the earlier hearing did not amount to a material change in circumstances; the Company’s appeal (limited to para 3 of the NOA) is without merit on the evidence and the prior findings in the WU Judgment, so there are no very good reasons to stay the Bankruptcy Petition; accordingly the Stay Summons is dismissed and the usual bankruptcy order is made against the Debtor with costs payable out of the Debtor’s estate.

  • 30 Apr 2026

    有關李家明的事宜

    Citation
    [2026] HKCFI 2325
    Court
    Court of First Instance
    Case number
    HCB476/2026

    A bankruptcy order was made because the debt rested on a valid and final District Court judgment and the debtor failed to comply with the statutory demand and did not adduce sufficiently precise, believable evidence of a bona fide dispute on substantial grounds; allegations of a corporate connection, structural defects and procedural unfairness were unsubstantiated and did not justify going behind the judgment or resisting the petition.

  • 30 Apr 2026

    RE LEE, YUK LUN

    Citation
    [2026] HKCFI 2365
    Court
    Court of First Instance
    Case number
    HCB8823/2025

    The Debtor established a bona fide dispute on substantial grounds because he produced cogent evidence of a Settlement Agreement manifested by documentary proof of transfer of 5 million shares and a stop payment instruction, and the Petitioner elected not to file any evidence to rebut those facts; therefore the bankruptcy petition was dismissed.

  • 27 Apr 2026

    RE LAW SIU LUN

    Citation
    [2026] HKCFI 2364
    Court
    Court of First Instance
    Case number
    HCB8176/2025

    The court found no bona fide dispute on substantial grounds: contemporaneous text messages and seven receipts from Funing supported the Petitioner’s loan claim; the Debtor's later unparticularised oral agreement allegation was inconsistent with documentary evidence (EM Form showing employment with Funing) and raised late without explanation; prior HCSD application was dismissed as out of time. Accordingly a usual bankruptcy order was appropriate.

  • 15 Apr 2026

    CAPITAL DRAGON CREDIT FINANCE LTD v. FUNG TIM WAH

    Citation
    [2026] HKCFI 1939
    Court
    Court of First Instance
    Case number
    HCB8871/2025

    The debtor failed to demonstrate a bona fide dispute on substantial grounds or to produce evidence that the judgment debt was secured; the judgment in HCA 1631/2024 stands as prima facie proof of indebtedness; the alleged securities related to different loan agreements and the debtor provided no evidence that paintings, antiques or shares secure the judgment debt; the adjournment application was unsupported and unrealistic; accordingly the usual bankruptcy order was properly granted and costs ordered to be paid from the debtor's estate.

  • 19 Mar 2026

    RE LO KIN MAN

    Citation
    [2026] HKCFI 1631
    Court
    Court of First Instance
    Case number
    HCB8908/2025

    The petitioner proved a valid statutory demand and reasonable service; the debtor failed to discharge the burden to show a bona fide dispute on substantial grounds with credible contemporaneous evidence; the promissory note and the debtor's conduct establish liability; accordingly a bankruptcy order should be made.

  • 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…

  • 28 Jan 2026

    RE ERTH BINUO

    Citation
    [2026] HKCFI 646
    Court
    Court of First Instance
    Case number
    HCB7447/2025

    The petition is dismissed for want of jurisdiction because the petitioner failed to discharge the burden of proving that the debtor was domiciled in Hong Kong at the time of presentation; the petitioner offered no cogent evidence and only sought more time rather than adducing evidence despite the debtor putting domicile in issue in advance.

  • 27 Jan 2026

    RE LIU FU ON

    Citation
    [2026] HKCFI 619
    Court
    Court of First Instance
    Case number
    HCB5057/2025

    There was no bona fide dispute over the sums claimed; the Debtor failed to produce credible evidence that payment of at least the admitted debt would be forthcoming within a reasonable time (the desktop valuation and assertions were insufficient and, even optimistically, any surplus from sale of the mortgaged property would not cover the unpaid sum); accordingly the Debtor was unable to pay his debts and a bankruptcy order was warranted.

  • 26 Jan 2026

    RE TSOI MAN

    Citation
    [2026] HKCFI 586
    Court
    Court of First Instance
    Case number
    HCB5570/2025

    The Petition was dismissed because the Petitioner failed to comply with mandatory procedural requirements (no proper verifying affidavit as required by rule 56/Form 11), the statutory demand and petition contained material inconsistencies (notably as to the date of the Guarantee and the agreement relied upon), and there exists an arguable bona fide dispute on substantial grounds whether the Guarantee as drafted covers liabilities under the 2025 Agreement, such that it was inappropriate to make a bankruptcy order.