21 May 2025
CHINA STEM CELLS HOLDINGS LTD v. ZHENG TING AND OTHERS
- Citation
- [2025] HKCA 326
- Court
- Court of Appeal
- Case number
- CACV90/2024
The Court upheld the trial judge's findings that the impugned transfer, allotment and appointment documents were created on or after 29 September 2022 and backdated to 12-13 September 2022 and were therefore void for want of authority (and in any event voidable for breach of fiduciary duty). The Court held the judge was entitled to consider evidence about the 2019 Security Arrangement where relevant to credibility and breach issues, the plaintiffs had discharged the persuasive burden to prove backdating, and any evidential burden on defendants did not materially affect the outcome. The appell…