9 Mar 2000
AKTIESELSKABET DANSK SKIBSFINANSIERING (body corporate) v. WHEELOCK MARDEN & COMPANY LIMITED
- Citation
- AKTIESELSKABET DANSK SKIBSFINANSIERING (body corporate) v. WHEELOCK MARDEN & COMPANY LIMITED
- Court
- Court of Final Appeal
- Case number
- FACV26/1998
The Court dismissed the appeals: concurrent factual findings that the directors honestly believed parent support was likely precluded a finding of fraudulent trading under s.275; the misrepresentation claim failed because no pleaded prior representation was falsified and evidence was insufficient; and the finding that Mr Brothers dishonestly concealed the 18 March cash flow was unsafe and could not stand because of lack of particularity and denial of fair opportunity to answer.