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Evergrande investor Lin Ho Man takes collapsing company to court over $158m debt

A young millennial is threatening the existence of a multi-billion dollar Chinese property developer.

In 2021, real estate heavyweight Evergrande earned the unwelcome title of the world’s most indebted real estate firm after racking up staggering debts of around $A408 billion.

Evergrande’s share price tanked and the firm missed a string of payment deadlines, which eventually saw it officially declared in default for the first time in December.

And now a young 30-year-old investor — who Bloomberg reported is “politically connected” — is taking the conglomerate on in the High Court of Hong Kong.

Lin Ho Man claims Evergrande owes him HK$862.5 million ($158 million) because of money he invested through his business.

He has applied for a winding up order, calling for the company to be wound up unless they cough up the funds to pay him back.

In order for Evergrande’s shares to be able to trade, Mr Lin’s lawsuit has to be resolved, either by being mediated to lead to dismissal, or for him to withdraw the case.

Although Evergrande has been in hot water with creditors and customers in recent months, nobody has reportedly gone as far as demanding the company be liquidated.

Mr Lin runs a fintech company called Top ShineGlobal which invested millions for a 0.46 per cent stake in Fangchebao, Evergrande’s automobile and real estate arm in March 2021.

Then Triumph Roc International, another one of Lin’s investment holding companies which he acted as guarantor for, invested the same amount for a separate 0.46 per cent stake.

Just a few months later, the extent of Evergrande’s financial woes became well-known.

Evergrande said it will oppose the legal case “vigorously” and added that this shouldn’t impact the company’s restructuring plans or timetable.

Mr Lin’s case has already had a preliminary hearing earlier in August and the next court session is happening later this month.

Evergrande, one of China’s biggest developers, has scrambled to offload assets in recent months, with chairman Hui Ka Yan paying off some of its debts using his personal wealth.

Its troubles are emblematic of the problems rippling across China’s massive property sector, with smaller companies also defaulting on loans and others struggling to raise cash.

Chinese creditors have sued Evergrande for more than $US13 billion in allegedly overdue payments, the Financial Times reports.

According to documents seen by the publication, a Chinese court has accepted a whopping 367 cases against Evergrande.

Insiders claiming it is one of the biggest indicators yet that local creditors have lost confidence in the firm’s ability to handle the ongoing crisis.

Shares in the company have been halted since March.

— With Alexis Carey

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Business

Penfolds, Treasury Wine Estates wins copycat Chinese court case against Rush Rich

An Australian wine company has won a “landmark” court case in China after more than six years of fighting a copycat brand.

Treasury Wine Estates owns and produces a number of well-known wine labels including Penfolds and Wolf Blass. However, the issue arose when company Rush Rich used part of the Penfolds branding on its own bottles.

After six years of fighting, on Wednesday, the Supreme People’s Court of China ruled in Treasury’s favor, finding that the other wine company had acted in “bad faith” against them.

The court found that Chinese-Australian company Rush Rich improperly used a Chinese character which was a copyright breach of the Penfolds brand.

This was “illicit conduct”, according to the court.

Treasury Wine Estates said the other company had tried to “exploit” its brand and was happy about the decision from the Chinese court, calling it a “landmark win”.

The court ruled that Rush Rich’s registration of the Chinese character mark for Penfolds Winery was invalid.

“We welcome the Judgment by the Supreme People’s Court of China and thank the Chinese authorities for their continued support in protecting the rights of luxury brand owners,” Penfolds managing director Tom King said.

Following its “longstanding battle” with Rush Rich, Treasury said it takes a “zero tolerance approach” to copyright breaches.

Anna Olsen, global director of intellectual property for Treasury Wine Estates, said in a statement: “Protecting the integrity of our historic brands against trademark piracy and misappropriation has always been a global priority.

“We’ll spare no effort to protect our brands and will pursue our rights to the highest courts where necessary.

“This case shows we won’t tolerate attempts to exploit and infringe the intellectual property rights and reputation of brands in the Treasury Wine Estates portfolio.”

Government regulator Wine Australia was also happy with the court case outcome as it has been working hard to maintain the international reputation of Australian wine.

The case is timely as Penfolds is looking to launch its wine in China.

In 2019, Rush Rich was also slammed with a massive fine in Australia’s Federal Court after being found to have infringed on several trademarks of Treasury Wine Estates.

The company had to pay $375,000 in compensation and was barred from using the images again.

Before the Australian Federal Court case, Treasury Wine Estates took Rush Rich to the Shanghai Pudong Court.

That court also ruled in favor of Treasury Wine Estates and ordered Rush Rich to pay back 2,000,000 Chinese yuan ($A426,000 at the time).

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