22 Dec 2017
CHINA METAL RECYCLING (HOLDINGS) LTD (IN COMPULSORY LIQUIDATION) AND ANOTHER v. CHUN HEI MAN AND OTHERS
- Citation
- CHINA METAL RECYCLING (HOLDINGS) LTD (IN COMPULSORY LIQUIDATION) AND ANOTHER v. CHUN HEI MAN AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV238/2016
The appeal was dismissed because the plaintiffs failed to prove beyond reasonable doubt that the defendants had breached the undertaking or that compliance with the Disclosure Order was within the defendants' power; company officers' conduct could not be imputed to the shareholder defendants absent evidence of agency or control, and committal was inappropriate where defendants had taken bona fide steps and where compliance was effectively impossible; additionally the plaintiffs' ex parte leave application omitted material correspondence and was misleading.