4 Mar 2020
RE GOLDEN OASIS HEALTH LTD
- Citation
- [2020] HKCFI 364
- Court
- Court of First Instance
- Case number
- HCCW236/2018
The Company has demonstrated a bona fide defence on substantial grounds because it is arguable that the shareholders agreement (notably clause 4.3(k) and related provisions) gives rise to an implied term preventing unilateral demands for repayment or unilateral presentation of a winding-up petition and the Company can enforce such a term under s4 of the Contracts (Rights of Third Parties) Ordinance; issue estoppel did not bar re-examination because Chan J did not need to and did not decide the bona fide defence question for purposes of the earlier arbitration stay application; accordingly the…