Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Duress and capacity
  • 23 Mar 2026

    有關戴海强的事宜

    Citation
    [2026] HKCFI 1761
    Court
    Court of First Instance
    Case number
    HCB6209/2025

    The signed written repayment agreement fixed the indebtedness; contractual estoppel bars the debtor from denying the agreed state of affairs; the debtor's asserted defenses (different principal, prior repayments, duress, oral pre-condition) were unsupported or contradicted by contemporaneous WhatsApp records, payment records and the agreement; substituted service had been validly effected; the debtor expressly refused to repay at hearing and therefore met the s6A(1)(a) test for inability/unwillingness to pay — accordingly a bankruptcy order was properly made for the outstanding HKD432,000.