30 Jul 2024
信达澳亚基金管理有限公司 (formerly known as 信达澳银基金管理有限公司) v. 宜华生活科技股份有限公司 (formerly known as 广东省宜华木业股份有限公司) AND OTHERS
- Citation
- [2024] HKCFI 1957
- Court
- Court of First Instance
- Case number
- HCMP442/2023
BTA Clause 9, although incorporated into the Bond Documents, forms part of a contractual mechanism that authorises the Trustee to commence proceedings following bondholders' meetings; it applies only to proceedings initiated by the Trustee under that mechanism and does not govern proceedings commenced directly by an individual bondholder such as the Plaintiff; therefore no relevant choice of Mainland court agreement existed between the Plaintiff and the 1st Defendant for the proceedings that produced the Mainland Judgment, and registration must be set aside.