25 Apr 2014
BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI DEVELOPMENT CO LTD AND ANOTHER
- Citation
- BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI DEVELOPMENT CO LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV189/2011
The Court of Appeal upheld the trial judge: BIC failed to discharge the burden of proving the asserted loans and the asserted source of funds; the factual presumption in Seldon does not displace BIC's burden in the circumstances; restitution was not available because BIC did not establish the relevant basis/purpose had totally failed or an unjust factor; late discovery and late evidence applications were properly refused as ambush and for lack of justification; derivative claims for misappropriation were not proved. All appeals were dismissed and costs orders were adjusted (no order as to cos…