25 Apr 2018
MA WAI WAH AND ANOTHER v. SUEK CHAI KIT CHRISTOPHER AND OTHERS
- Citation
- [2018] HKCFI 842
- Court
- Court of First Instance
- Case number
- HCA508/2011
The plaintiff failed to prove the existence and commercial plausibility of the alleged First and Second Agreements; evidence established a loan of HK$53.6m (effectively HK$49.6m after allowance for dividend) secured by the subject shares and partial repayments totalling HK$14.3m, leaving a net indebtedness; contested e-mail was admissible (no effective privilege) but of little weight; transfers were in the context of IPO restructuring and the declaration of trust served stamp duty purposes, not a conspiracy to deprive the plaintiff.