26 Nov 2009
ACTIVE BASE LTD v. RODERICK JOHN SUTTON AND OTHERS
- Citation
- ACTIVE BASE LTD v. RODERICK JOHN SUTTON AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV14/2009
Concurrent factual findings that Active Base (through Ms Wong and Mr Tso) was put on inquiry are supported by the primary facts and stand; a s.83(2) certificate is conclusive for all Companies Ordinance purposes and the date stated in the certificate is the deemed date of creation of the charge; accordingly the debenture is to be treated as created after the loan, falls within s.267's avoidance rule and is invalid; appeal dismissed.