12 Jul 2024
KUNZHI LTD (IN LIQUIDATION IN THE BRITISH VIRGIN ISLANDS) v. PEKING UNIVERSITY FOUNDER GROUP COMPANY LTD
- Citation
- [2024] HKCA 652
- Court
- Court of Appeal
- Case number
- CACV186/2023
The Court held that Question 1 raised a point of general importance and granted leave: a breach of the Keepwell Deeds can give rise to actionable loss where performance could have been effected in a manner that improved the plaintiffs' net position (including by gift or loan with waiver), so Stanford is distinguishable on these facts; Question 2 did not merit leave because the proper inquiry is whether PUFG adduced sufficient evidence to prove impossibility of all modes of performance, not whether modes existed as a matter of fact; the summons for asset preservation was dismissed for lack of…