3 Nov 2022
DIAGCOR BIOSCIENCE INCORPORATION LTD AND ANOTHER v. ZENDEX BIO STRATEGY INCORPORATED AND OTHERS
- Citation
- [2022] HKCA 1636
- Court
- Court of Appeal
- Case number
- CACV62/2021
Read as a whole the pleadings sufficiently alleged fiduciary duties including duty to act in good faith and particulars that the 2nd and 3rd defendants caused the company to enter and pay under the 2nd/3rd LIS contracts without board consent to a non‑software company; the Judge’s factual findings (unchallenged) supported that they did not act in good faith, the defendants failed to plead or prove any offset or that they conferred the benefit claimed, and the 1st defendant received the sum with knowledge; appeal dismissed and judgment below affirmed for HKD3,448,060.86.