Matter
Gao Haiyan and Xie Heping v Keeneye Holdings Limited and Others; Ma Maogen v Gao Haiyan and Xie Heping (HCA 1315/2009 and HCA 466/2012)
Xi’an arbitration over share-transfer agreements linked to a coal mine, with Hong Kong litigation involving Gao, Xie and the Keeneye group over the shares.
Procedural record
- 3 June 2010Arbitration
3 June 2010Arbitration
Xian Arbitration Commission award dated 3 June 2010
Xian Arbitration Commission
- Decision summary
- The award set aside the Keeneye Agreements on the grounds that they were manifestly unfair and were entered into by exploiting a party's precarious position.
Participants
Gao Haiyan
Xie Heping
Liu
Zhang
Xian Arbitration Commission
6 years, 2 months and 8 days later · 2261 days
- 11 August 2016Hong Kong
11 August 2016Hong Kong
Judgment of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in HCA 1315/2009 and HCA 466/2012 dated 11 August 2016
High Court of the Hong Kong Special Administrative Region, Court of First Instance
- Decision summary
- The Court dismissed Ma Maogen's claim in HCA 466/2012, finding that the alleged oral agreements and proposed resale had not been proved. It entered judgment for Gao Haiyan and Xie Heping on their counterclaim, held that Ma had repudiated the share transfer agreements, and granted the remedies sought in HCA 1315/2009, including recovery of the Bai Jun shares, damages, interest, and costs.
Participants
Gao Haiyan
- Expert
- Professor Cao (For: Gao Haiyan · Xie Heping)
Xie Heping
- Expert
- Professor Cao (For: Gao Haiyan · Xie Heping)
Keeneye Holdings Limited
New Purple Golden Resources Development Limited
Lu Ying
Wang Li
Bai Jun Tian Cheng Limited
Daynew Assets Management Limited
Far Orient Holdings Limited
Ma Maogen
- Expert
- Mr Yin (For: Ma Maogen)
High Court of the Hong Kong Special Administrative Region, Court of First Instance
- Judge
- Anthony To
Other
- Witness
- Chow Cheuk Lap