P.B. GROUP LTD (FORMERLY KNOWN AS HANGKAN GROUP LTD AND FEISHANG NON-METAL MATERIALS TECHNOLOGY LTD) v. LITUO ENTERPRISE (HK) LTD AND ANOTHER

P.B. GROUP LTD (FORMERLY KNOWN AS HANGKAN GROUP LTD AND FEISHANG NON-METAL MATERIALS TECHNOLOGY LTD) v. LITUO ENTERPRISE (HK) LTD AND ANOTHER

Plaintiff failed to discharge the legal burden to prove authenticity and provenance of the disputed agreements; the court found the plaintiff's witnesses and documentary trail unreliable, significant missing contemporaneous evidence and plausible motives for false representation, so on the balance of probabilities the disputed agreements were not genuine and the contractual claims therefore fail.

Citation
[2025] HKCFI 5146
Parties
Plaintiff: P.B. Group Limited; Defendant / 1st Defendant: Lituo Enterprise (HK) Limited; 2nd Defendant: Micah Holdings Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 2025
Case Number
HCA2450/2018
Procedural Posture
Civil Contractual Dispute / Judgment After Trial
Outcome
Plaintiff's claims dismissed
Legal Topics
Authentication of Documents, Forgery, Termination Agreements, Repayment of Deposits, Adverse Inference, Costs
Source Language
EN
Contract Law Evidence Commercial Law Company Law Authentication of Documents Forgery Termination Agreements Repayment of Deposits +2 more

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Parties

P.B. Group Limited

Plaintiff

Lituo Enterprise (HK) Limited

Defendant / 1st Defendant

Micah Holdings Limited

2nd Defendant

Procedural Posture

Civil Contractual Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the disputed written agreements (Cooperation Agreement, 2449 Agreement, 2450 Agreement) are authentic and originated from the defendant
  2. 2 Whether the defendant instructed payment of the 2nd Sum to Micah
  3. 3 Whether the defendant breached the termination agreements by failing to repay the 1st and 2nd Sums

Ratio Decidendi

Plaintiff failed to discharge the legal burden to prove authenticity and provenance of the disputed agreements; the court found the plaintiff's witnesses and documentary trail unreliable, significant missing contemporaneous evidence and plausible motives for false representation, so on the balance of probabilities the disputed agreements were not genuine and the contractual claims therefore fail.

Court Disposition

Plaintiff's claims dismissed

Orders

  • Claims by P.B. Group Limited against Lituo Enterprise (HK) Limited dismissed
  • Order nisi that costs of this action including any costs reserved be paid by P.B. Group Limited to Lituo Enterprise (HK) Limited, to be taxed if not agreed