Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Contractual mistake
  • 16 Jul 2014

    RE YUESHOU ENVIRONMENTAL HOLDINGS LTD

    Citation
    RE YUESHOU ENVIRONMENTAL HOLDINGS LTD
    Court
    Court of First Instance
    Case number
    HCCW142/2013

    The company failed to demonstrate a bona fide defence on substantial grounds. The 16 May 2012 Indebtedness Repayment Extension Agreement created an independent, enforceable right to payment of the indebtedness; the company's attacks on authenticity and validity of earlier Service Agreement and Deed of Indemnity were unconvincing and speculative. After credit for $1,000,000 received by the petitioner, $1,805,586.92 remains indisputably due. The summons to strike out the petition is dismissed and the petition is to be relisted.