5 Aug 2015
CHENG WAI TAO AND OTHERS v. POON KA MAN JASON (Suing on behalf of himself and all other shareholders in Smart Wave Ltd except the 1st Defendant) AND ANOTHER
- Citation
- CHENG WAI TAO AND OTHERS v. POON KA MAN JASON (Suing on behalf of himself and all other shareholders in Smart Wave Ltd except the 1st Defendant) AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FAMV22/2015
Leave to appeal was granted on the refined question addressing whether the no conflict rule and the Duomatic principle apply to a director of a chain business operating under an agreed one company per operation modus operandi, and leave was also granted on whether a nominal representative who agreed to and benefited from that modus operandi can assert a contrary position in a derivative action. Leave was refused for duplicative, purely fact sensitive or unarguable questions (including those on procedural resiling and on unclean hands lacking reasonable prospects on these facts).