18 Jun 2015
Service was properly effected, the plaintiff on the pleadings appeared entitled to judgment, and because the plaintiff abandoned the conversion claim and certain remedies, the court granted judgment in default of defence in the terms sought (paragraphs 1,2,3,4 and 10 of the summons) with paragraph 10 amended to provide that costs are to be taxed if not agreed.
7 Sept 2007
On the balance of probabilities the court held that the Parcel A NK Shares were held on resulting trust for Alps Electric Co. Ltd and the NK Fund Part 3 on resulting trust for Gun‑Ei Chemical Co. Ltd; all other disputed items (including the S‑1 Fund, S‑3 Fund, Parcel B and C NK shares, Clean Sanwa shares, NK Fund Part 1 and Part 2 and residual cash) were assets of Cresvale Far East Limited to be dealt with in its liquidation; claims by Setogawa and Kumagai were not established; costs to be determined later.
10 Jun 2005
On the balance of probabilities the court preferred the defendants' account: the shares were transferred as security to BOCGD with the 1st defendant acting as nominee; plaintiff's evidence was found unreliable and inconsistent; documentary records, parties' conduct (appointments of BOCGD staff to Kenson's board, deposit of share certificates with BOCGD, admissions in related Mainland proceedings) and enforcement steps by BOCGD established BOCGD as beneficial owner, leading to dismissal of plaintiff's claim and judgment for the 1st defendant's counterclaim.
25 Jan 1978
On the evidence the court found key transactions concerning shares registered in the names of Asiatic, Triumphant and Fermay were shams so that beneficial ownership remained in C.K. San and charging orders in respect of those shares were made absolute; by contrast the court found the parcel comprising approximately 8 million shares sold to Rocky/Coef was, on balance, purchased bona fide for value so beneficial interest passed to Rocky/Coef and charging orders in respect of IPC shares were discharged; hearsay evidence presented under the statutory hearsay rules was admissible and the plaintiff…