ACTIVE BASE LIMITED v RODERICK JOHN SUTTON and DESMOND CHUNG SENG CHIONG(JOINT AND SEVERAL LIQUIDATORS OF MOULIN GLOBAL EYECARE HOLDINGS LIMITED)

Read the full judgment text of FACV 000014/2009 on BabelCite. This FACV judgment was delivered on 26 November 2009.

1. There are two main aspects to this appeal.  The first is a challenge – pressed by the appellant and resisted by the respondents – to concurrent findings of fact.  It has been well settled since the decision in Sky Heart Ltd v. Lee Hysan Co. Ltd (1997-98) 1 HKCFAR 318 that this Court will not review concurrent findings of fact save in special circumstances.  The challenge in the present case is not to any finding of primary fact.  It is to an inference drawn from the primary facts proved or ad