27 Jun 2012
MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) AND OTHERS v. OLIVIA LEE SIN MEI
- Citation
- MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) AND OTHERS v. OLIVIA LEE SIN MEI
- Court
- Court of First Instance
- Case number
- HCA167/2008
The court held that payments in full of genuine liabilities (the early redemptions of the Chishore and HSBC notes) could not, as a matter of principle, be treated as losses recoverable from the director; those claims were plain and obvious failures and were struck out. Separately, the claims introducing share repurchases and convertible note redemptions were new causes of action not disclosed in the original statement of claim, were arguable time‑barred and therefore could not be retained by relation‑back in the existing proceeding; those additions were disallowed and must be pursued in separ…