10 Sept 2019
YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG RICKY AND OTHERS
- Citation
- [2019] HKCFI 2246
- Court
- Court of First Instance
- Case number
- HCA3020/2015
The TP Notice was struck out and action against Kawai dismissed because key pleaded factual bases (notably that WFOE had or could access funds to discharge the loan) were demonstrably contradicted by contemporaneous evidence and therefore frivolous and vexatious; there was no evidence Kawai knew or controlled the Mortgagors so those claims were unsustainable; and there was no duty on a Lender Director to actively give prior written consent in the absence of any refinancing proposal, rendering the prior consent claim impossible to succeed.