12 Jul 2024
HONGKONG JHC CO LTD (IN LIQUIDATION) v. PEKING UNIVERSITY FOUNDER GROUP COMPANY LTD
- Citation
- [2024] HKCA 652
- Court
- Court of Appeal
- Case number
- CACV185/2023
Leave to appeal was granted on Question 1 because the legal issue of whether a failure to provide liquidity that would not alter a plaintiff's net balance sheet can nevertheless cause actionable loss raises a question of general and public importance and is reasonably arguable given that liquidity could be provided by gift or waived related‑party advance; leave was refused on Question 2 because the formulation was defective and the correct issue is whether defendant proved impossibility of all modes of performance without approvals; the plaintiffs' summons for asset preservation was dismissed…