5 Oct 2021
WILLWIN DEVELOPMENT (ASIA) CO LTD AND ANOTHER v. WEI XING AND OTHERS
- Citation
- [2021] HKCFI 2933
- Court
- Court of First Instance
- Case number
- HCA797/2012
The appeal against the Profits Order was dismissed because the Master did not err in excluding Doone and Nissha given lack of evidence of prior contracts; the appeal against the Withdrawn Sums Order was allowed because the Master wrongly treated the accounting exercise as requiring proof of misappropriation, the liability to account had already been established by the trial judge and the fiduciaries failed to discharge their burden, so a robust approach required ordering full restoration of the withdrawn sums to the plaintiff.