Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Striking out unauthorised affidavit
  • 11 Nov 2024

    有關邱耀陞的事宜

    Citation
    [2024] HKCFI 3166
    Court
    Court of First Instance
    Case number
    HCB7000/2023

    Petitioner satisfied the statutory requirements for a bankruptcy petition. The debtor failed to produce substantial, specific and credible evidence to show the repayment agreement was forged or that there existed a bona fide dispute as to liability; contemporaneous WhatsApp negotiations, the parties' conduct, four payments by the debtor and prior admissions supported the existence and signing of the agreement. The unauthorised third opposing affidavit was properly struck out. Consequently a bankruptcy order was warranted and costs were awarded to the petitioner.