7 Sept 2004
FLYNT INTERNATIONAL FORWARDERS LTD v. CMC INTERNATIONAL (CHINA) LTD
- Citation
- FLYNT INTERNATIONAL FORWARDERS LTD v. CMC INTERNATIONAL (CHINA) LTD
- Court
- District Court
- Case number
- DCCJ842/2003
On the balance of probabilities the Defendant was found to have taken over all or part of the Debtor's business because of the cumulative weight of factors: same type of business, continuity and overlap of key personnel and customers (including major overseas agent), use of the Debtor's former business address and initial contact details, similarity and derivation of names from the same Italian agent, and effective control by the same directors during the material period; no statutory notice under s4(1) was given, therefore Defendant is liable under s3(1) for the Debtor's debt of HK$214,509.6…