26 Jul 2019
DELCO PARTICIPATION B.V. v. HWH HOLDINGS LTD
- Citation
- [2019] HKCFI 1853
- Court
- Court of First Instance
- Case number
- HCA2943/2015
The court allowed Delco's proposed amendments to its Replies in large part because, on the materials before the court (affidavits, accounting records and annexed documents), the Scheme pleaded was not wholly speculative and there was sufficient evidential basis to raise an arguable case and invite inferences at trial; however specific particulars that lacked any proper basis (paras 6.2(1)(b) and (c) and associated paras 6.2(3) and (4)) were rejected; explicit reference to the Dutch Tax Authority's opinions was disallowed though factual findings supported by independent evidence could be plead…