18 Nov 2008
THE BANK OF EAST ASIA, LTD v. LABOUR BUILDINGS LTD AND OTHERS
- Citation
- THE BANK OF EAST ASIA, LTD v. LABOUR BUILDINGS LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV33/2008
The Court held the EGM of 26 November 1997 was validly convened and the special resolution effectively removed the proviso in Regulation 81 thereby validating the borrowing; there was insufficient proof that the 17 September 1999 board minute was forged and, in any event, the company's conduct, payments and contractual documents estopped the defendants from denying authority; consequently the debentures and mortgage were valid and enforceable and the appeal was dismissed.