29 Jun 2007
THE NEW CHINA HONG KONG GROUP LTD (In liquidation) AND ANOTHER v. AIG ASIAN INFRASTRUCTURE FUND LP AND OTHERS
- Citation
- THE NEW CHINA HONG KONG GROUP LTD (In liquidation) AND ANOTHER v. AIG ASIAN INFRASTRUCTURE FUND LP AND OTHERS
- Court
- Court of First Instance
- Case number
- HCCL97/2000
The defendants failed to discharge the evidential burden that the conditions in Clause 6(b) were satisfied (neither continuing uncured breach nor required written assertion proved); therefore cumulative satisfaction of Clause 6(a) and 6(b) was not established and the distribution under Clause 6 was not properly triggered. Plaintiffs' claim succeeds and defendants' counterclaim is dismissed.