9 Mar 2000
AKTIESELSKABET DANSK SKIBSFINANSIERING (body corporate) v. WHEELOCK MARDEN AND COMPANY LIMITED AND OTHERS
- Citation
- AKTIESELSKABET DANSK SKIBSFINANSIERING (body corporate) v. WHEELOCK MARDEN AND COMPANY LIMITED AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV27/1998
The Court dismissed all appeals: (1) fraudulent trading appeal failed because concurrent findings that directors honestly believed in parent company support were not displaced and there was no error of law; (2) misrepresentation appeal failed because the alleged earlier representation said to be falsified was not pleaded and there was insufficient evidence to prove deliberate concealment of the 18 March cash flow; additionally the finding that Mr Brothers dishonestly withheld the cash flow was unsafe because the essential particulars and state‑of‑mind allegations were not pleaded or fairly pu…