27 Jun 2019
MARYO DEVELOPMENT LTD v. TSANG YAU MAY AND OTHERS
- Citation
- [2019] HKCFI 1620
- Court
- Court of First Instance
- Case number
- HCA2297/2012
On the evidence including contemporaneous documents, witness credibility, expert valuation (accepted Chan) and objective indicia of collusion (timing, account movements, signatures, conduct), the court finds D1, D2 and D3 conspired to defraud Maryo; the SPA and transaction are void ab initio; defendants are jointly and severally liable to repay the outstanding monies with interest and D1 and D2 must repay directors' remuneration; D3's counterclaim is dismissed.
- Conspiracy to defraud
- Knowing receipt
- Breach of fiduciary duty
- Directors' remuneration
- Set aside of void transactions
- Evidence of criminal conviction in civil proceedings