24 Dec 2015
CHINA AGRI-PRODUCTS EXCHANGE LTD v. WANG XIU QUN AND ANOTHER
- Citation
- CHINA AGRI-PRODUCTS EXCHANGE LTD v. WANG XIU QUN AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV205/2014
Paragraph 24 was reinstated because it was not plain and obvious that MOFCOM approval satisfied the SPAs' condition precedent given MOFCOM approval was obtained on the basis of a different agreement, factual disputes about knowledge and conduct engage the prevention principle and revocation of approval remained possible; these are mixed questions for trial. Paragraph 25 was correctly struck out because the Defence lacked particulars to show how the transfer or SPAs were illegal or contrary to public policy and the voluntary particulars failed to establish that basis.