19 Dec 2011
HONG DA DEVELOPMENT & INVESTMENT HOLDING CO LTD v. CHINA AOYUAN PROPERTY GROUP LTD AND OTHERS
- Citation
- HONG DA DEVELOPMENT & INVESTMENT HOLDING CO LTD v. CHINA AOYUAN PROPERTY GROUP LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1377/2011
No serious issue to be tried was shown on the principal pleaded causes (contractual duty from counter-guarantee, fiduciary duty, mortgagee bad faith, dishonest assistance, knowing receipt, conspiracy); the counter-guarantee did not, on available material, create the wide protective duties alleged and could not be said conclusively to be superseded but in any event did not import the duties claimed; a mortgagee/assignee with multiple securities may elect which to enforce and Zhen Fu's conduct was, on the material before the court, part of a genuine purpose to recover the debt; Hong Da had not…