19 Jan 2022
RE EVERSHINE GROUP HOLDINGS LTD
- Citation
- [2022] HKCFI 246
- Court
- Court of First Instance
- Case number
- HCCW1/2021
The petition was dismissed because the statutory demand was defective and unsupportable: contemporaneous documents signed by the Petitioner (the Receipt and Audit Confirmation with attached repayment schedule) indicated a repayment of HK$17,095,890 which the SD failed to account for; the Petitioner’s inconsistent reliance on and denial of the binding effect of the same documents meant it could not properly found the petition; variations to the Instrument required deed poll/formalities and consideration which were not established; the Company produced evidence and paid funds into court, and th…