17 Aug 2020
RE EUREKA MANUFACTURING CO LTD
- Citation
- [2020] HKCFI 2032
- Court
- Court of First Instance
- Case number
- HCCW150/2019
Court found there was a bona fide dispute on substantial grounds as to whether the Company was a contracting party and as to part of the invoiced sum, but the post-dated cheque constituted an independent, liquidated obligation above the statutory minimum and the Company failed to adduce sufficient evidence that the cheque had been delivered conditionally or that there was total failure of consideration; accordingly the petition was allowed to the extent of the cheque amount but remedial relief was granted by giving the Company 21 days to pay that cheque amount before a winding up order is pro…