16 Mar 1977
THE HONG KONG AND TAIWAN TRADING CO LTD v. HONG KONG UNION TRANSPORTATION AND GODOWN CO LTD AND ANOTHER
- Citation
- THE HONG KONG AND TAIWAN TRADING CO LTD v. HONG KONG UNION TRANSPORTATION AND GODOWN CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA848/1973
On the balance of documentary evidence and witness credibility the Court found that the business and godowns of Union were transferred to Kai Ming Trading Co. Ltd. (2nd Defendant) effective 1 March 1973, the statutory notice under the Fraudulent Transfer of Business Ordinance s.3 was not published, and therefore the plaintiff was entitled to judgment against the 2nd Defendant for the outstanding debt; the plaintiff's claim against the 1st Defendant failed and the 2nd Defendant's third party indemnity claim against the 1st Defendant failed for want of proof.