Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bona fide dispute threshold

  • 21 Feb 2025

    RE LAU KA YAN

    Citation
    [2025] HKCFI 759
    Court
    Court of First Instance
    Case number
    HCB1001/2023

    The petition is dismissed because the Debtor has raised bona fide disputes on substantial grounds — factual and legal — including whether the Warning Letter was sent/received, whether the short Contract Maintenance Requirements were reasonable in context, and whether an anti-recoupment implied term or estoppel prevents enforcement; the Creditor’s evidence lacked sufficient personal knowledge and the disputes require trial and viva voce evidence; accordingly the summary petition forum is inappropriate to resolve them; costs ordered nisi to be paid by Creditor.

  • 20 Dec 2017

    RE SHING PUI KEUNG

    Citation
    RE SHING PUI KEUNG
    Court
    Court of First Instance
    Case number
    HCB686/2017

    The court found the debtor had raised arguable, substantiated bona fide disputes on substantial grounds — credible evidence of implied-term breaches, plausible causation for resignation, arguable estoppel from oral representations and a non-frivolous cross-claim — such that the summary bankruptcy remedy was inappropriate; accordingly the petition was dismissed and an order nisi made for costs in favour of the debtor.