10 Jun 2005
JIAN YU QIANG v. LI SHI LIANG AND OTHERS
- Citation
- JIAN YU QIANG v. LI SHI LIANG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA459/2003
On the balance of probabilities the court preferred the defendants' account: the shares were transferred as security to BOCGD with the 1st defendant acting as nominee; plaintiff's evidence was found unreliable and inconsistent; documentary records, parties' conduct (appointments of BOCGD staff to Kenson's board, deposit of share certificates with BOCGD, admissions in related Mainland proceedings) and enforcement steps by BOCGD established BOCGD as beneficial owner, leading to dismissal of plaintiff's claim and judgment for the 1st defendant's counterclaim.