Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sham transaction/alter ego

Legal area

Court

12 Sept 2016

FORTUNE GAIN INTERNATIONAL INVESTMENT LTD v. MASS OCEAN INTERNATIONAL LTD

Citation

FORTUNE GAIN INTERNATIONAL INVESTMENT LTD v. MASS OCEAN INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCA1849/2015

The court dismissed the combined summonses because the pleadings and affidavit material raised non‑frivolous, fact‑intensive allegations that the registered Leases may be sham transactions effected in collusion to defeat prior equitable tenancies; those interwoven issues of fact and law could not be resolved as a pure point of law or by strike out/summary determination under Order 14A or Order 18, and allegations of actual fraud/breach of trust justified investigation at trial; accordingly registration under the LRO does not automatically defeat the pleaded equitable/fraud allegations without…
19 Sept 2014

CHEUNG HING v. WONG CHOR CHEUNG AND OTHERS

Citation

CHEUNG HING v. WONG CHOR CHEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA925/2010

s14AA(1) was not engaged because the defendants were entitled as of right to appeal and the Order did not prevent them from advancing the locus/challenge on appeal; furthermore O 59 r 21 provides that leave is unnecessary for appeals against refusal to permit amendment of pleadings to introduce a new defence; additionally D2 had no entitlement to appeal the Order as it was issued by D1&3 and D2 was not a participant at the hearing.