11 Feb 2011
THE NEW CHINA HONG KONG GROUP LTD AND ANOTHER v. NG KWAI KAI, KENNETH AND OTHERS
- Citation
- THE NEW CHINA HONG KONG GROUP LTD AND ANOTHER v. NG KWAI KAI, KENNETH AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA519/2010
Claims against the Applicants were struck out because the plaintiffs failed to plead or establish an intent to defraud required by s.60 CPO in respect of the 1st stage transfer; the pleading that the transfer was at an undervalue or speculative inability to show consideration was insufficient. The Power of Attorney and Declaration of Trust did not effect a further disposition vulnerable to s.60 and were confirmatory and, in any event, the Applicants could rely on the indoor management rule. The s.266 fraudulent preference, conspiracy and negligence claims against the Applicants were therefore…