Chen & Anor v Chui & Ors

Chen & Anor v Chui & Ors

The cooperation agreement, properly construed, provided for joint ownership and equal shares between the parties. The judge's findings of fact regarding oral agreement and repudiation were justified and should not be disturbed. The new evidence did not meet the criteria for admission on appeal.

Parties
Appellants/defendants: Chen & Another; Respondents/claimants: Chui & Others
Jurisdiction
England and Wales
Judgment Date
18 June 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Shareholding, Cooperation Agreement, Repudiation, Rectification of Register, Admission of New Evidence
Company Law Contract Law Shareholding Cooperation Agreement Repudiation Rectification of Register Admission of New Evidence

Case Brief

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Parties

Chen & Another

Appellants/defendants

Chui & Others

Respondents/claimants

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the cooperation agreement provided for joint ownership of the company
  2. 2 Whether the claimants were entitled to equal shares in the company
  3. 3 Whether there was repudiation of the agreement by the claimants

Ratio Decidendi

The cooperation agreement, properly construed, provided for joint ownership and equal shares between the parties. The judge's findings of fact regarding oral agreement and repudiation were justified and should not be disturbed. The new evidence did not meet the criteria for admission on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application dismissed