17 Sept 2013
PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS
- Citation
- PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV93/2012
Application to adduce the Pauline Ching File on appeal refused because the material could have been used at trial with reasonable diligence and no exceptional circumstance justified departure from Ladd v Marshall. The Court upheld the trial judge’s findings that the alleged 1996–1999 Takeover Arrangement was a fabrication, that Hu (and Top Selection as his alter ego) held the disputed assets on constructive trust for PEWC, and that the swissfirst papers and concordant fund flow evidence supported those findings; appeals by Hu and Top Selection dismissed. The judge did not reverse the legal bu…