7 Dec 2012
MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) v. OLIVIA LEE SIN MEI
- Citation
- MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) v. OLIVIA LEE SIN MEI
- Court
- Court of Appeal
- Case number
- CACV155/2012
The Court held as a matter of law that (1) repayment of genuine convertible-note liabilities did not cause loss to the company because asset reductions were matched by liability reductions, so the Convertible Notes Claim is plain and obvious no-issue and was struck out; (2) the Share Repurchases Claim and the Convertible Notes Claim each constituted new causes of action for limitation purposes and did not arise out of the same or substantially the same facts as the pleaded Dividends Claim, so they could not be introduced by late amendment; (3) extension of time to permit the defendant to chal…