9 Apr 2025
RE BGA HOLDINGS LTD (Formerly Known as BEIBU GULF OCEAN SHIPPING (GROUP) LTD)
- Citation
- [2025] HKCA 322
- Court
- Court of Appeal
- Case number
- CACV591/2021
The Company failed to establish a bona fide dispute on substantial grounds because contemporaneous documentation (audited financial statements and board papers), objective post-meeting conduct and the novation recital overwhelmingly supported that the PBM Loan was repayable on demand and that the alleged express/oral agreement, implied term, vessel purchase agreement and novation were not credible or legally effective; the Court of Appeal will not overturn the primary judge's factual assessments absent palpable error.