17 Jul 2014
MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) (formerly known as MOULIN INTERNATIONAL HOLDINGS LTD) v. OLIVIA LEE SIN MEI
- Citation
- MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) (formerly known as MOULIN INTERNATIONAL HOLDINGS LTD) v. OLIVIA LEE SIN MEI
- Court
- Court of Final Appeal
- Case number
- FACV23/2013
The indorsement on the writ governs whether limitation has ceased to run and the challenged claims fell within the purview of the indorsement so s.35 Limitation Ordinance did not bar them; however the Convertible Notes Loss as presently pleaded does not allege the necessary causal facts to establish a triable claim for equitable compensation (i.e. that repayments diminished the pool available for pari passu distribution and were the product of a breach) and is therefore not triable as pleaded; the IND Loss may be repleaded and was reinstated from the Court of Appeal's striking out.