HungryPanda AU Pty Ltd & Ors v Yan Liu & Ors

HungryPanda AU Pty Ltd & Ors v Yan Liu & Ors

The Defendants breached the APA by failing to deliver critical assets at the Second Closing Date and by assisting a competitor, Fantuan, in Australia, in violation of non-competition clauses. The Claimants are entitled to damages for loss of profits based on the difference between budgeted and actual profits for 2022.

Parties
Claimant: HungryPanda AU Pty Ltd; Claimant: HungryPanda Japan Ltd; Claimant: HungryPanda (NZ) Ltd; Defendant: Yan Liu; Defendant: Jie Shen; Defendant: EASI Global Limited; Defendant: Chongqing Meikelaifuyireer Technology Co Ltd
Jurisdiction
England and Wales
Judgment Date
20 June 2025
Procedural Posture
Commercial Claim / Final Judgment
Outcome
Judgment for the Claimants
Legal Topics
Breach of Contract, Non Competition Clauses, Damages, Asset Purchase Agreement
Contract Law Commercial Law Breach of Contract Non Competition Clauses Damages Asset Purchase Agreement

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Parties

HungryPanda AU Pty Ltd

Claimant

HungryPanda Japan Ltd

Claimant

HungryPanda (NZ) Ltd

Claimant

Yan Liu

Defendant

Jie Shen

Defendant

EASI Global Limited

Defendant

Chongqing Meikelaifuyireer Technology Co Ltd

Defendant

Procedural Posture

Commercial Claim / Final Judgment

Legal Issues

  1. 1 Whether the Defendants breached the Asset Purchase Agreement by failing to deliver assets on the Second Closing Date
  2. 2 Whether the Defendants breached non-competition obligations by assisting a competitor
  3. 3 Assessment of damages for loss of profits

Ratio Decidendi

The Defendants breached the APA by failing to deliver critical assets at the Second Closing Date and by assisting a competitor, Fantuan, in Australia, in violation of non-competition clauses. The Claimants are entitled to damages for loss of profits based on the difference between budgeted and actual profits for 2022.

Court Disposition

Judgment for the Claimants

Orders

  • Defendants to pay damages of A$24,554,204 for breach of contract