Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Corporate personality

  • 30 Sept 2020

    FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER

    Citation
    [2020] HKCFI 2536
    Court
    Court of First Instance
    Case number
    HCA4414/2001

    Unconditional stay refused; conditional stay granted — execution stayed provided defendants pay or furnish security of HK$518,000,000 less the US$9 million and accumulated interest already paid into court within 28 days, failing which payment into court of all sums levied on execution; defendants to pay plaintiff's costs for the application with certificate for two counsel, to be taxed if not agreed. Decision premised on lack of cogent evidence of impecuniosity, less than full and frank disclosure, and evidence of likely backing by Fujian Provincial Government justifying security.

  • 4 Mar 2020

    章晶历 v. 吴联模 AND ANOTHER

    Citation
    [2020] HKCFI 359
    Court
    Court of First Instance
    Case number
    HCCT48/2017

    On the evidence, including W's contemporaneous affirmations, FB's 2017 annual report, bank records and the unreliable, inconsistent and uncorroborated evidence of W and Yang, the Court found W retained the beneficial interest in the KD shares and the FB shares; the Loan, Repayment Agreement and transfer to Yang were not genuine but contrived to defeat enforcement; accordingly the charging order nisi was made absolute in favour of the Applicant.

  • 1 Aug 2018

    吳大国 對 万洲国际有限公司

    Citation
    [2018] HKCA 437
    Court
    Court of Appeal
    Case number
    CAMP55/2018

    The amended statement of claim was properly struck out because the evidence objectively showed the online offeror was a different corporate entity (Great Continents International Limited) distinct from the respondent (WH Group Limited / 万洲国际有限公司); similarity in Chinese names and pleaded assertions of group leadership without substantial evidence cannot sustain a cause of action against the respondent, so the appeal had no real prospect of success and leave to appeal was refused.