17 Sept 2013
PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS
- Citation
- PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV94/2012
The Court of Appeal upheld the trial judge's extensive factual findings and inferences: the Takeover Arrangement was found to be a belated fabrication supported by documentary (including the swissfirst papers) and oral evidence; Top Selection and Willi were held to be nominees of Hu and the corporate structure could be pierced to recognise Hu's beneficial ownership; the Pauline Ching File did not meet Ladd v Marshall criteria and was rightly excluded; Ma had no viable pleaded knowing‑receipt case as to knowledge and beneficial receipt and adverse inferences based on his silence could not sust…