31 Mar 2023
CHENG KA YAN AND OTHERS v. GRAND XI INVESTMENTS PTE LTD AND OTHERS
- Citation
- [2023] HKCFI 886
- Court
- Court of First Instance
- Case number
- HCA1607/2022
On the evidence the court found no credible contemporaneous support for the plaintiffs' core allegations (no reliable disclosure of the OMCL indebtedness pre-contract, no credible collateral non-enforcement agreement, and no proven deliberate withholding of consents by the lender). Grand XI had a solid basis for serving default notices and appointing receivers; the plaintiffs had obstructed receivers and failed to present a serious issue to be tried. Accordingly the receivers' application was allowed and leave granted to file the draft affirmations de bene esse.