Henderson (Respondent) v. 3052775 Nova Scotia Limited (Appellants) (Scotland), (2006)

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Henderson (Respondent) v. 3052775 Nova Scotia Limited (Appellants) (Scotland), (2006)

HOUSE OF LORDS

SESSION 2005-06

52nd REPORT

([2006] UKHL 21)

APPELLATE COMMITTEE

Henderson (Respondent)

v.

3052775 Nova Scotia Limited (Appellants) (Scotland)

REPORT

Ordered to be printed 10 May 2006

LONDON

(HL Paper 175)

52nd REPORT

from the Appellate Committee

10 MAY 2006

Henderson (Respondent) v. 3052775 Nova Scotia Limited (Appellants) (Scotland)

ORDERED TO REPORT

The Committee (Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Mance) have met and considered the cause Henderson (Respondent) v. 3052775 Nova Scotia Limited (Appellants) (Scotland). We have heard counsel on behalf of the appellants and respondent.

1.  This is the considered opinion of the Committee.

2.  The appellants are 3052775 Nova Scotia Ltd ("Nova Scotia"), a company incorporated under the Companies Acts of the Province of Nova Scotia, Canada. On 12 February 2001 Letham Grange Co Ltd ("Letham Grange") executed a disposition in favour of Nova Scotia of heritable property known as the Letham Grange Country Club and Resort in Angus ("the subjects"). The subjects comprise a hotel and two golf courses. The disposition narrated that the consideration in respect of which it had been granted was £248,100.

3.  One striking feature of the case is that the same individual was very much involved in the affairs of both Letham Grange and Nova Scotia. That individual, who is Taiwanese by birth, is variously known as Dong-Guang Liu, J Michael Colby, Peter Liu and (in Japan) Tong Kuang Liu. So some of the documents in the case are written to and f...

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