19 Oct 2021
STEADFAST INTERNATIONAL LTD v. TUENBO CO LTD AND OTHERS
- Citation
- [2021] HKCFI 3094
- Court
- Court of First Instance
- Case number
- HCA2095/2016
The Master’s order allowing the Tuenbo parties to amend their Defence and Counterclaim (except limited deletions) was upheld: indebtedness is a relevant element in enforcing the 2nd share charge such that the proposed amendments raising defenses to quantum (including equitable set-off and Kensland/prevention arguments) are permissible; implied terms pleaded are arguable; an account on the basis of wilful default is not precluded at this stage; the challenged antecedent averments are relevant to context and fiduciary duties.