16 Feb 2022
RE GOLDEN OASIS HEALTH LTD
- Citation
- [2022] HKCA 237
- Court
- Court of Appeal
- Case number
- CACV100/2020
The Court of Appeal allowed the appeal because the Smart Even Deed expressly made the Smart Even Loan repayable on demand, so no reasonably arguable implied term in the Company SHA could restrict unilateral repayment (such an implied term would contradict the express deed); accordingly there was no bona fide dispute of substance to defeat the petition, and the Judge’s dismissal was set aside.