6 Sept 2013
CHRISTIAN EMIL TOGGENBURGER AND OTHERS v. LUU, HUNG VIET DERRICK AND OTHERS
- Citation
- CHRISTIAN EMIL TOGGENBURGER AND OTHERS v. LUU, HUNG VIET DERRICK AND OTHERS<br>
- Court
- Court of Appeal
- Case number
- CACV218/2012
The court found the appellant had failed to obtain the bargained-for valid interest because of gaps in the corporate/beneficial ownership evidence (including the struck-off status of New Energy BVI and absence of proof of Madam Bao's share ownership or trust declaration) and that payments totalling HK$38,702,670.40 were made to and received on behalf of Luu such that restitution was due; the claimed global settlement was not proved as a concluded agreement and was rejected. Accordingly the appeal was allowed in part and judgment entered for repayment of HK$38,702,670.40 against Luu, with inte…