ZHANG XIAOCHEN v. PC SECURITIES LTD
法院裁定被告與原告之間屬執行指令式關係，未承擔額外投資顧問責任；亦未證明存在可供依賴的失實陳述，原告敗訴。
- Assumption of advisory duty
- Execution-only service
- Professional investor
- Negligent misrepresentation
- Sfo s.108
- Unconscionability
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XU YING v. CHINA GAS HOLDINGS LTD
The court allowed limited share-valuation expert evidence but rejected the plaintiff’s proposed 18- and 24-month valuation dates as unpleaded special damages.
- Damages for non-delivery of shares
- Expert valuation evidence
- Valuation date and mitigation
- Special damages and pleading particulars
- Costs
- Expert-evidence
XU YING v. CHINA GAS HOLDINGS LTD
The court allowed expert valuation evidence only on saleability and likely net proceeds of 100,000,000 shares as of 1 March 2017, but refused later valuation dates and dividend calculations.
- Non-delivery of shares
- Expert evidence admissibility and case management
- Valuation of shares
- Special vs general damages
- Pleadings and particulars
- Mitigation
XU YING v. CHINA GAS HOLDINGS LTD AND OTHERS
The court allowed expert valuation evidence on a narrow shares-loss issue, but refused later valuation dates and dividend calculations because they were unpleaded special damages.
- Damages for non-delivery of shares
- Expert evidence admissibility and directions
- Mitigation of loss
- Special damages
- Valuation of shares
- Pleadings and particularity
YINGHENG CO LTD v. SANG KANGQIAO
The court granted an interlocutory proprietary injunction over 140 million shares, found serious issues to be tried, and ordered ancillary disclosure and fortification.
- Interlocutory proprietary injunction
- Equitable right of redemption
- Share charge
- Fortification of undertaking
- Security for costs
- Share transfer dispute
RE EWARTON SECURITIES LTD
The District Court granted Ewarton Securities Limited leave to pay unclaimed client cash and securities into court, and to dispose of certain delisted or suspended securities.
- Unclaimed assets
- Payment into court
- Trustee powers
- Forfeiture of securities
- Court-ordered notification
- Unclaimed-assets
RE CHINA-HONG KONG LINK SECURITIES COMPANY LTD (In Members’ Voluntary Liquidation)
The Court of First Instance granted an ex parte application to pay unclaimed client monies and securities into court, and allowed disposal of certain securities.
- Payment into court
- Unclaimed assets
- Trustee powers
- Disposal of securities
- Public notice and service
- Payment-into-court
江小佩 v. CENTRAL CHINA REAL ESTATE LTD
法庭拒絕准許逾期上訴，並駁回停頓申請，維持原審駁回原告的Order 14申請，因原告欠缺訴訟資格且上訴無理據。
- Standing to sue
- Order 14 summary judgment
- Global note/intermediated securities
- Indenture interpretation
- Extension of time for appeal
- Costs
HANGZHOU LIANLUO LIAISON INTERACTIVE INFORMATION TECHNOLOGY CO LTD (Also known as HANGZHOU LIAISON INTERACTIVE INFORMATION TECHNOLOGY CO LTD) v. CHINA DIGITAL CULTURE (GROUP) LTD
The Court of First Instance entered judgment for the plaintiff on a convertible bond debt claim after the defendant failed to attend trial and prove its waiver defence.
- Convertible bonds
- Interest payment
- Default and acceleration
- Remedies
- Trial in absence
- Costs
RE YUZHOU GROUP HOLDINGS COMPANY LTD
The court sanctioned Yuzhou Group Holdings’ scheme of arrangement to restructure offshore debts, holding the class structure, disclosures, releases and statutory majorities were all satisfactory.
- Scheme of arrangement
- Sanction of scheme
- Class composition
- Third-party releases
- Disclosure to creditors
- Jurisdiction and recognition (chapter 15 us bankruptcy code)
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