9 Nov 2022
SUN TIAN GANG v. CHANGCHUN HIGH & NEW TECHNOLOGY INDUSTRIES DEVELOPMENT PARENT CO AND OTHERS
- Citation
- [2022] HKCFI 3348
- Court
- Court of First Instance
- Case number
- HCA179/2015
The court allowed re‑amendment and joinder of GH insofar as the pleadings alleged a nominee (self‑dealing) sale because, on the assumed breach of duty, the breaches were deliberate and objectively unlikely to have been discovered for some time due to Sun’s prolonged detention and house arrest; s.26(3) applies as an alternative means to establish deliberate concealment and the evidence established deliberate concealment of the nominee nature of the CG Transaction but did not establish discoverability of the sale price or the NXG repayment issue prior to 6 March 2012.