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Hong Kong decisions
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Summary judgment was entered for the plaintiff on a dishonoured HSBC cheque for HK$16,322,082, with the court rejecting the defendant’s alleged oral defences.
The High Court dismissed a winding-up petition, finding a bona fide dispute over whether the subscription money was repayable and whether any restitutionary claim had arisen.
The court refused leave to appeal from an interlocutory order, holding that the proposed appeal had no reasonable prospect of success on the present factual record.
The District Court ordered restitution of a HK$320,000 deposit paid for a car purchase, finding a total failure of basis and rejecting the defendant’s defences.
The court granted a bankruptcy petition on an admitted and proved debt, rejecting the respondent’s claim that disputed payments were gifts.
Bankruptcy petition over dishonoured cheques was allowed. The court upheld service of the statutory demand, refused a stay for arbitration, and rejected duress and other defences.
The court held there was no proved oral term requiring a 1 March 2019 start, but the first defendant breached by failing to provide the Lightbox in March and had to refund HKD91,300.
The District Court held that the plumbing system and fire-fighting system were protected by common-parts rights or proprietary estoppel, but the control panel was not.
The court refused summary judgment on seven dishonoured cheques and stayed the action, holding that issues under the Money Lenders Ordinance and consideration were triable.
The court found ETIL breached separate contracts for website/MLM system work and marketing materials, and awarded ReJeune HK$335,000 plus interest and costs.
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