Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Group company liability

  • 18 Jun 2009

    TEAMEDICS ENTERPRISE (HOLDINGS) CO., LTD v. JB ENERGY INTERNATIONAL LTD

    Citation
    TEAMEDICS ENTERPRISE (HOLDINGS) CO., LTD v. JB ENERGY INTERNATIONAL LTD
    Court
    Court of First Instance
    Case number
    HCMP682/2009

    The Company discharged its onus to show a bona fide dispute on substantial grounds as to liability for the invoices because contemporaneous documents principally point to the PRC subsidiary as the contracting party and the alternative inferences (underlying agreement or agency) were fact-sensitive and not conclusively disproved on the interlocutory material; accordingly the winding-up petition was an abuse of process and was dismissed (struck out) without prejudice to the petitioner pursuing a substantive action.

  • 18 Jun 2009

    RE TEAMEDICS ENTERPRISE (HOLDINGS) CO., LTD

    Citation
    RE TEAMEDICS ENTERPRISE (HOLDINGS) CO., LTD
    Court
    Court of First Instance
    Case number
    HCCW195/2009

    On the evidence before the court the Company demonstrated a bona fide dispute on substantial grounds as to whether it or the PRC subsidiary was legally liable for the asserted debt; contemporaneous documents predominantly show the PRC subsidiary as the contracting party and conflicting documentary and testimonial matters require trial/cross-examination — accordingly the winding-up petition was dismissed without a trial and without prejudice to the petitioner commencing ordinary proceedings against the appropriate entity.