6 Jun 2024
CCMD OVERSEAS LTD v. SINOM INVESTMENTS LTD AND ANOTHER
- Citation
- [2024] HKCFI 1525
- Court
- Court of First Instance
- Case number
- HCA903/2021
The defendants failed to establish a credible triable issue that the plaintiff acted in bad faith or for an improper purpose. The correct legal approach accepts that mixed motives do not vitiate enforcement where recovery of the debt is one genuine purpose. The pleaded particulars (Status Report, registration, receivers' conduct, alleged delay) did not amount to evidence from which improper purpose or bad faith could reasonably be inferred; accordingly summary judgment and strike-out orders were correctly made and the appeal was dismissed.