26 Feb 2025
SUN TIAN GANG AND ANOTHER v. CHANGCHUN HIGH & NEW TECHNOLOGY INDUSTRIES DEVELOPMENT PARENT COMPANY AND OTHERS
- Citation
- [2025] HKCA 188
- Court
- Court of Appeal
- Case number
- CACV475/2022
The Court held that plaintiffs were entitled to rely on section 26(3) and that, as a matter of case management, a trial judge may assume commission of a breach of duty for the purposes of a TPI and determine elements (ii) and (iii) of s26(3) (deliberateness and objective un‑discoverability) without finally determining liability; on the facts the judge properly found deliberate concealment as to the nominee nature of the CG sale but did not err on discoverability or on the reasonable diligence test. Appeals and cross‑appeals were dismissed with costs directions as set out.