10 Nov 1998
IN RE CHINA WIN HOLDINGS LTD.
- Citation
- IN RE CHINA WIN HOLDINGS LTD.
- Court
- Court of First Instance
- Case number
- HCCW266/1998
Where the only material dispute is a narrow factual issue of consensus and credibility about whether a guarantee was agreed before execution of the replacement loan agreement, the court will direct cross-examination, resolve credibility, and may determine the issue itself in winding-up proceedings; on the facts the court accepted the petitioner's evidence and held the guarantee enforceable, so the defence failed and the winding-up order was made.