22 Feb 2008
KWAN SAI JEAN AND ANOTHER v. TUNG SHUET YICK
- Citation
- KWAN SAI JEAN AND ANOTHER v. TUNG SHUET YICK
- Court
- Court of First Instance
- Case number
- HCA4091/2003
On the totality of documentary and testimonial evidence the Court found Chun Man and Sam Hing formed an integrated joint venture with Sam Hing a subsidiary; the Kwans contributed US$500,000 and are beneficial owners of 50% of Chun Man (shares held on trust by Kinetic Energy); the Defendant was a director/employee with fiduciary duties and breached those duties by causing five substantial remittances to be diverted from Sam Hing for improper purposes; PRC-produced accounting books and expert Reports were admissible and reliable for probative value; the Defendant therefore must render a full ac…