18 May 2022
PAN SUTONG v. BANK OF CHINA LTD (Trading as “Bank of China Limited Shenzhen Branch”)
- Citation
- [2022] HKCFI 1450
- Court
- Court of First Instance
- Case number
- HCSD28/2021
The court found no bona fide dispute on substantial grounds. The duress allegations were inherently improbable and contradicted contemporaneous documents and Pan's conduct; the illegality allegations under Mainland regulatory notices were not established and such notices do not generally void contracts; the abuse of process arguments failed because presenting another petition was not shown to be abusive under the Bankruptcy Ordinance and rules. Accordingly the statutory demand was not set aside, a winding up order against Proman was made, and BOC was authorized to present a bankruptcy petitio…