17 Mar 2025
FULL YING HOLDINGS LTD v. ACTIVE ACCESS HOLDINGS LTD AND OTHERS
- Citation
- [2025] HKCFI 1018
- Court
- Court of First Instance
- Case number
- HCA2122/2020
The 3rd and 4th defendants, as joint guarantors with a 'see to it' obligation, are liable for the outstanding repurchase obligation; damages are assessed at trial date because no viable market existed and it was reasonable for plaintiff to seek specific performance; under appropriation principles the first four payments were allocated to principal and remaining payments to interest, resulting in damages HK$10,432,085.28 and pre-judgment interest HK$2,704,147.38; post-judgment interest and costs nisi also awarded.