25 Apr 2014
BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI ENTERPRISES CO LTD
- Citation
- BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI ENTERPRISES CO LTD
- Court
- Court of Appeal
- Case number
- CACV191/2011
The Court of Appeal upheld the trial judge's credibility findings and concluded BIC/FBC failed to discharge the burden of proving the alleged loans and the asserted source of funds; the mere admission of receipt did not displace BIC's burden in these circumstances; restitution was not available absent proof of an established unjust factor or failed basis; late discovery and late witness evidence were rightly refused as ambush; derivative claim against Ben Lee failed for insufficiency of proof of unilateral misappropriation; costs orders were within the judge's discretion and, given equally un…