Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Uncertainty of agreement
  • 10 Nov 2022

    CITITREND ASIA LTD v. GENSTAR INVESTMENT HOLDING LTD

    Citation
    [2022] HKCFI 3482
    Court
    Court of First Instance
    Case number
    HCCW416/2021

    The promissory note, read commercially, required repayment by 31 December 2021; Hiperk failed to adduce sufficiently precise, credible evidence to establish a bona fide defence on substantial grounds that the advances were not repayable or were capital contributions; on the totality of evidence the company is insolvent; the petition is therefore to be adjourned with a conditional payment window failing which a normal winding-up order will be made; an irregularity in the petition was waived.