2 Aug 2013
LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS
- Citation
- LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV107/2012
The Court of Appeal held the appeal should be dismissed: the blocking of the amendment to the bye-law constituted conduct of the companys affairs for the purposes of s168A; where a listed company has agreed with the Exchange to comply with Listing Rules such agreement can form part of the common understanding on which shareholders acquired shares and thus can give rise to equitable constraints on the exercise of strict legal rights if breach jeopardises the listing (as here, causing suspension). On the facts the Judge was entitled to find unfair prejudice and to order amendment of Bye-law 86(…