26 Mar 2015
JIANGXI QIANXI CHENG REAL ESTATE CO LTD v. CHEUNG LEUNG SUM AND OTHERS
- Citation
- JIANGXI QIANXI CHENG REAL ESTATE CO LTD v. CHEUNG LEUNG SUM AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA503/2010
The court held that the PRC Higher People’s Court judgment was final and on the merits and, applied to the parties and their privies, gives rise to issue estoppel and an abuse of process bar under the Henderson principle; the Zhuhai Payment was found to be a loan and the borrower was Zhong Shun (not individual defendants), the Undertaking Letter was void under PRC law, plaintiff failed to prove the elements of conspiracy to injure by unlawful means (no proven agreement, no proven unlawful acts carried out pursuant to a conspiracy, no intention to injure), and therefore the plaintiff’s claim a…