21 May 2018
Refusal of the interlocutory injunction because there was real doubt on the adequacy of damages for both sides and the balance of convenience favoured refusing an injunction to avoid interrupting what amounted to an established enterprise; instead the court ordered a speedy trial and procedural directions.
23 May 2012
On the facts the cumulative presence of indicia (same premises, fixtures, customer files, partial staff re-employment, servicing of same customers and continuation of business) established a transfer of the business from the 1st defendant to the 2nd defendant under the Ordinance; the plaintiff did not validly accept a substitute contract on 13 April 2009, therefore the 2nd defendant is liable as transferee under s3 and plaintiff is entitled to damages equal to the unused value of the prepaid packages (HK$278,969), interest and costs as ordered.
19 Apr 2002
On the balance of probabilities the court found that APT's fishmeal trading business was transferred to G.C. Luckmate Trading Limited on or about 1 October 1998 because the cumulative evidence (common activity, shared directors, name usage, letters, staff and transactions, contemporaneous representations to BNP) established a de facto transfer; section 8 did not limit liability because the defendant paid nothing and s.8 is intended to protect transferees who paid consideration in good faith, therefore defendant was liable to pay US$999,162.69 plus interest.
24 Oct 1985
Considering the transactions as a whole the court found an assignment of Perennial's goodwill and a continuity of business: same premises, similar business/customer base, use of Perennial's licence and the sham nature of the fixtures sale. Therefore the transactions amounted to a transfer of business within s.3(1) of Cap.49 and the defendants are liable for the transferor's debts.