Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Receivers' equitable duties to chargor/guarantor
  • 9 Mar 2017

    BASAB INC. v. FOK HEI YU AND ANOTHER

    Citation
    BASAB INC. v. FOK HEI YU AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA2562/2013

    The claims by Basab Inc. and Mr Hui against the receivers were struck out and dismissed because the loss pleaded by the plaintiffs was merely reflective of the loss of Accufit resulting from the sale of KHL shares; accordingly the no reflective loss principle bars the plaintiffs' claims against the receivers and the injunction sought was unnecessary in light of the refusal of leave for a BVI derivative action; costs were ordered for the receivers.

    • No reflective loss principle
    • Receivers' equitable duties to chargor/guarantor
    • Statutory derivative action
    • Conspiracy to injure by unlawful means
    • Striking out under o.18 r.19 rhc
    • Costs