27 Nov 2015
CHINA GOLD FINANCE LTD v. CIL HOLDINGS LTD AND OTHERS
- Citation
- CHINA GOLD FINANCE LTD v. CIL HOLDINGS LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV11/2015
The Court upheld the trial judge's factual findings that the 15 September 2005 Agreement was a genuine assignment of the entire HK$40m loan (including interest) to HGRED as part of consideration for services, the plaintiff failed to prove cancellation, the discrepancy in stated RMB amount was plausibly explained, Clause 13.2 permitted assignment by the lender (notice sufficing), the nine documents handed over satisfied Clause 6 under PRC law (which imposes no prescribed form for proof documents), and there was no basis for appellate re-evaluation of the primary judge's credibility findings; c…