16 Dec 2021
THE JOINT AND SEVERAL LIQUIDATORS OF DAYS INTERNATIONAL LTD (IN LIQUIDATION) v. MAHESH NANIK DAYARAM
- Citation
- [2021] HKCFI 3763
- Court
- Court of First Instance
- Case number
- HCCW298/2011
The disposal summonses were dismissed because the statutory language of s.275 and s.276 extends liability beyond de jure directors to persons knowingly party to fraudulent carrying on of business or to officers/managers as defined; the factual and legal complexity, supported by evidence (including the respondent's conviction on related counts), made the issues unsuitable for separate preliminary determination and required resolution at a full trial; accordingly the respondent's application for preliminary issues to strike out the liquidators' claims failed.