30 May 2023
SUN YAN v. SUPERB JADE LTD AND OTHERS
- Citation
- [2023] HKCFI 1433
- Court
- Court of First Instance
- Case number
- HCA813/2014
On the balance of probabilities the court found that Mr Sun was the true beneficial owner of the Superb Jade shares and the assets held in Superb Jade's SWS account; Mr Lin acted as nominee/trustee. The finding was based on control of the account and transactions, payment of incorporation and maintenance costs by Sun, contemporaneous records and witness credibility (notably Ms Shum's oral evidence). Consequently Sun's proprietary and injunctive remedies succeeded and the defendants' counterclaim failed.