20 Jan 2022
VIGERS HONG KONG LTD (in Creditors’ Voluntary Liquidation) v. MICHAEL ANDREW BARCLAY BINNEY AND OTHERS
- Citation
- [2022] HKCFI 261
- Court
- Court of First Instance
- Case number
- HCA744/2013
Plaintiff failed to establish the pleaded causes of action. Ho was not a shadow director and claims against him dismissed. The VPM transfer formed part of an objectively reasonable restructuring and no breach of fiduciary duty was proved; dishonest assistance against VAPH was not pleaded with required particulars and failed. The Remaining VAP Payments reflected established group cash management and no breach by directors was proved. Assignments and set-off were creditor exercises requiring no director action and did not cause loss. VH payments claim failed for lack of locus (only liquidator m…