16 Jul 2021
GORGEOUS INVESTMENT GROUP HOLDING CO, LTD v. INDUSTRIAL BANK CO, LTD AND OTHERS
- Citation
- [2021] HKCFI 1966
- Court
- Court of First Instance
- Case number
- HCA356/2021
Plaintiff failed to show a serious issue to be tried on its core allegations of fraud, conspiracy, dishonest assistance and breach of Quincecare duty because the evidence was insufficient and inconsistent; contractual terms and contemporaneous documents and conduct (including independent legal advice and express non-monitoring clauses) undermined plaintiff's case; the balance of convenience favoured defendants because the bank faced real risk of irrecoverable loss and plaintiff offered no adequate cross-undertaking; the Disposal was already completed making mandatory relief unnecessary. Accor…