Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trustees duties
  • 28 Sept 2016

    RE CHINA SHANSHUI INVESTMENT CO LTD

    Citation
    RE CHINA SHANSHUI INVESTMENT CO LTD
    Court
    Court of First Instance
    Case number
    HCCW398/2015

    The Company and opposing contributories produced credible contemporaneous evidence (notably a 30 September 2010 report describing an intention to inject funds into Hong Kong companies to comply with Mainland foreign exchange rules and to retire the Company’s bank borrowings) and established substantial grounds for a bona fide defence that the advances were intended as capital injections and that the loan agreements may be sham; accordingly the petitions cannot succeed at this interlocutory stage and should not proceed to winding up on the petitioners' case alone.