28 Aug 2024
FAMEWAY FINANCE LTD v. JOY RICH DEVELOPMENT LTD (In liquidation)
- Citation
- [2024] HKCFI 2204
- Court
- Court of First Instance
- Case number
- HCA510/2012
The Default Judgment was set aside because Joy Rich established a defence with a real prospect of success that Lau, as shadow director, breached fiduciary duties and that the Fameway Loan and Mortgage were entered for an improper purpose or without authority; attribution and public policy issues are fact-sensitive and do not presently bar relief; restitutio in integrum does not automatically preclude rescission where defendant wrongdoing prevents restitution; delay did not produce exceptional prejudice to justify refusing relief; accordingly the strike-out and dismissal applications against t…