Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bona fide dispute of substance

Legal area

Court

22 Sept 2005

RE CHOI SIU LUI SHIRLEY

Citation

RE CHOI SIU LUI SHIRLEY
Court

Court of First Instance
Case number

HCB23639/2002

The court found the debtor had demonstrated a bona fide dispute of substance arising from credible evidence that her father may have been the beneficial owner of Smart Dragon and may have procured her signature by undue influence, and that SHB may have been put on inquiry; that dispute was sufficient to render bankruptcy procedures inappropriate and required dismissal of the petition despite other arguments on assignment and locus which were not determinative.
6 Jul 2005

RE KASETSUMPAN CHIEWCHARN

Citation

RE KASETSUMPAN CHIEWCHARN
Court

Court of First Instance
Case number

HCB7596/2004

The Debtor failed to establish a bona fide dispute of substance because the Petitioner was not put on inquiry given the facts known to it and because it took reasonable steps (draft provided, execution witnessed, opportunity to read a short bilingual document by an educated guarantor); accordingly the Guarantee was enforceable and a bankruptcy order was justified.