21 Jan 2022
TSUI MEI YUK JANICE and WONG SUN KEUNG the Joint and Several Liquidators of HMV MARKETING LTD (in Voluntary Liquidation) v. PANORAMA CORPORATION LTD AND OTHERS
- Citation
- [2022] HKCFI 260
- Court
- Court of First Instance
- Case number
- HCMP784/2020
The presumption under s.266(5) was rebutted on the affidavit evidence: defendants showed a plausible commercial explanation that Panorama remained willing to supply when other suppliers had deserted HMV, the Transfer facilitated immediate and substantial further supply, there was no evidence of collusion or that ListCo directed Panorama to benefit from the payment, and the misfeasance allegations lacked particularity. Therefore the liquidators failed to prove the company was influenced by a desire to prefer Panorama and the application was dismissed.