7 Aug 2020
CHINA CITY CONSTRUCTION & DEVELOPMENT CO., (HK) LTD v. 宁波佳合港湾股权投资合伙企业(有限合伙)AND ANOTHER
- Citation
- [2020] HKCFI 1925
- Court
- Court of First Instance
- Case number
- HCA2303/2018
The court found there was a serious issue to be tried as to the Shareholding Trust because a contemporaneous Entrusted Shareholding Agreement existed raising triable issues as to authenticity and effect; however there was no serious issue to be tried as to the ListCo Shares Trust because the Plaintiff failed to adduce credible evidence of payment/value or chain of funds to support a constructive or express trust in its favour. Accordingly the proprietary injunction preserving the Shareholding against the 1st Defendant was continued; injunctive and preservation relief against the 2nd Defendant…