We recently obtained Judgment of the Hong Kong High Court in favour of our client concerning an agreement made relating to the listing of a Hong Kong listed company and performance of certain pre-listing and post-listing obligations. The end result is that we have successfully assisted our client in defending against loan claims totaling HK$35 million and counter-claiming against the former chairman cum controlling shareholder of the listed company for a sum of over HK$51 million with interest and costs after trial.

The subject proceedings have lasted for almost 5 years and involve numerous factual disputes on events dating back for up to 15 years. Our client succeeded on the claims in full notwithstanding that the subject agreement was made orally back in 2003 and many of the potential supporting documents were no longer retrievable. The opposite parties raised 12 points of challenge (as well as a number of other points which were eventually abandoned by the end of the trial) to attack our client’s case and evidence, but all of them were rejected by the trial judge.

The trial of the cases also involved some interesting issues, e.g. question on abuse of process concerning factual findings already made by a foreign Court on the same factual disputes between related parties, last-minute applications for permission to give evidence via video link, authenticity of documentary exhibits sought to be used by opposite parties and complaint of uttering forged documents in court proceedings.

This litigation is conducted by our Senior Associate Mr. Sidney Ho, assisting our Senior Partner Mr. Peter Sit and our Litigation Partner Mr. Roy Leung.