Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Imputation of corporate knowledge

Legal area

Court

14 Jun 2012

廈門新景地集團有限公司 v. ETON PROPERTIES LTD AND OTHERS

Citation

廈門新景地集團有限公司 v. ETON PROPERTIES LTD AND OTHERS
Court

Court of First Instance
Case number

HCCL13/2011

The court dismissed the plaintiff's claims against all 11 defendants. The central holdings were that the Hong Kong court lacked jurisdiction to recharacterise the CIETAC arbitral award by imposing substantive remedies beyond the tribunal's award; the proper law of the Agreement is PRC law (with Hong Kong law only governing share transfer formalities); PRC law has no constructive trust analogue so proprietary remedies fail; the Eton Group restructuring was a bona fide commercial reorganisation not fraudulent; economic tort claims failed (no unlawful means or predominant purpose, and double act…
20 Oct 1986

RE CHOW CHIN WO

Citation

RE CHOW CHIN WO
Court

Court of First Instance
Case number

HCMP1150/1986

The court dismissed the applications: the Tribunal applied a stringent standard of proof, the inferences that C.W. Chow knew of the 'break clauses' and that this knowledge was used in procuring Starpeace sales were supported by cogent primary facts and lawful reasoning, the applicants were not denied a fair opportunity to respond, and statutory provisions authorize imputing corporate involvement and holding directors involved under section 141H(4)(b).