10 Sept 2018
SHUN HING ELECTRONIC HOLDINGS LTD AND ANOTHER v. WONG PUI FAN
- Citation
- [2018] HKCFI 2065
- Court
- Court of First Instance
- Case number
- HCA2417/2014
Given the incontrovertible evidential matrix of audited financial statements, directors' written representations and consistent accounting treatment treating the transfers as loans (including director signatures and disclosure under s.161B), the plaintiffs failed to produce evidence showing those records were inaccurate; on that basis the pleaded breach of fiduciary duty and related reliefs were untenable as a matter of law and were struck out; the proposed proprietary amendment was dismissed insofar as it relied on the struck out pleaded breach but, on limitation analysis, would have been al…