28 Oct 2024
RE EVERWIN ENTERPRISE (HONG KONG) LTD
- Citation
- [2024] HKCFI 3032
- Court
- Court of First Instance
- Case number
- HCCW439/2024
The Company failed to discharge the burden of showing a bona fide dispute on substantial grounds: the alleged Shared Assumption was unsupported by any contemporaneous evidence, contradicted express terms of the Settlement Deed and the Option, and was inherently uncertain; the alleged Further Agreement by email was not a signed variation and any implied term would conflict with express provisions and formalities. Accordingly the Company is deemed insolvent and a usual winding‑up order was made.