19 Oct 2022
EVERGLORY ENERGY LTD (IN LIQUIDATION) AND AOTHER v. SHIH-HUA INVESTMENT CO., LTD
- Citation
- [2022] HKCFI 3217
- Court
- Court of First Instance
- Case number
- HCA105/2021
The court held that the plaintiffs had not shown a clear case for summary judgment on the unpaid share capital claim because there were triable issues about whether the 2013 allotment obligations were discharged or converted into shareholder loans, and about the provenance and reliability of the 2015 Breakdown; accordingly the summary judgment was set aside and the defendant was granted unconditional leave to defend both the unpaid share capital and loan claims. The court further found the construction of s.170 Cap 32 to be an open question in the present factual context, requiring trial evid…