8 May 2023
RPB SA (a company incorporated in accordance with the laws of Argentina) v. XINWANGYI TRADE LTD AND OTHERS
- Citation
- [2023] HKCFI 1202
- Court
- Court of First Instance
- Case number
- HCA150/2020
The 8th defendant's pleaded defence and affirmations were judged shadowy and verging on incredible such that no unconditional triable issue was established; however because some documents (the three Bullion Agreements) were produced and could not be dismissed as forged on affidavits alone, the appropriate course was to grant conditional leave to defend, conditioned on full payment into court of the D8 sums (US$880,010 or HKD equivalent) within 14 days, and variation of the freezing injunction to permit withdrawal for that payment; failure to comply results in judgment for the plaintiff.