20 Dec 2023
CAPITAL FORESIGHT LTD v. CHINA HEALTH GROUP LTD
- Citation
- [2023] HKCFI 3290
- Court
- Court of First Instance
- Case number
- HCA2569/2017
Plaintiff China Health failed to prove on the balance of probabilities, with the requisite cogency, that a Backdoor Arrangement existed or that Dr Li conspired to divert US$4,000,000; accordingly China Health’s claims are dismissed. Capital Foresight’s claim for an order directing issue of a promissory note is also dismissed because no maturity date was agreed or pleaded and the court will not imply an essential term in the absence of pleading and focused evidence; damages in lieu were unavailable absent entitlement to specific performance.