29 May 2017
CHEN MUHUA (ALSO KNOWN AS WINKY CHAN) AND ANOTHER v. THE JOINT AND SEVERAL LIQUIDATORS OF JOY RICH DEVELOPMENT LTD
- Citation
- CHEN MUHUA (ALSO KNOWN AS WINKY CHAN) AND ANOTHER v. THE JOINT AND SEVERAL LIQUIDATORS OF JOY RICH DEVELOPMENT LTD
- Court
- Court of First Instance
- Case number
- HCCW146/2013
The court found the Chen sisters' proposed defence had sufficient evidential foundation to raise a serious question to be tried and therefore granted them leave to use the Company's name to defend the mortgagee action; the court reversed/modified the practical effect of the liquidators' decision not to defend only on strict protective conditions to safeguard the company's estate, including an indemnity and a security payment, disclosure obligations, prohibition on compromise without court approval and costs at the applicants' risk. Costs of the present application were reserved.