Bermuda-based minibus maker Brilliance China Automotive has won a battle in Bermuda?s Supreme Court to have a writ that was brought against the company by a former chairman struck out.

The writ, filed by Broadsino Financial Services, sought to block the sale and registration of 39.45 percent of Brilliance shares owned by a Hong Kong foundation, reportedly the Chinese Financial Education Development Foundation, to Huachen Management, a state owned entity. Although an injunction was initially granted to block the sale, it was later discharged and in late December, the court ruled out the writ altogether.

Brilliance, China?s largest minibus manufacturer, in a press statement issued yesterday, said that the legal action brought against Brilliance by former chairman, Yang Rong, had been thrown out by the court after it found that to proceed with the matter would be an ?abuse of process?.

The directors of the company said that their application to throw out the writ brought against them by Broadsino had been granted on the basis of a fundamental finding that Broadsino ?never owned any shares in the [Company?. In particular, the Supreme Court of Bermuda reportedly found fault with the consistency and veracity of Broadsino?s legal submissions leading to its conclusion that certain accounts of events provided by Broadsino were not ?credible or to accurately found the basis of a claim? against the company. Yesterday Broadsino?s lawyer at Wakefield Quin, Richard Horseman, said they had just received the judgment.

?We are analysing it to see if there is any merit in an appeal but we have not yet made that determination,? he said.had not yesterday seen the judgment made in Chambers on December 31, 2003 but Brilliance?s legal counsel at Appleby Spurling & Kempe, John Riihiluoma, confirmed that the press statement issued by Brilliance was a fair reflection of the court?s findings.

Brilliance added in its statement that the Bermuda Supreme Court had reached the conclusion that it would be an ?abuse of process? for Broadsino to use the Bermuda courts to pursue any further claim relating to the sale and transfer of any shares from the Foundation to Huachen.

Yang Rong is reportedly now a fugitive in the US after being accused in China of committing economic crimes.