Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Breakdown of mutual trust and confidence

Legal area

Court

18 May 2007

CHEUNG SAI LUN v. LAU TAI CHIN FRANCIS AND ANOTHER

Citation

CHEUNG SAI LUN v. LAU TAI CHIN FRANCIS AND ANOTHER
Court

Court of First Instance
Case number

HCCW677/2004

Winding up order granted because the Company had ceased operations and lost its substratum and there was a breakdown of mutual trust and confidence; there was no binding unconditional agreement to sell the petitioner’s shares for a nominal consideration (the annexure was unsigned); petitioner’s misconduct did not bar winding up on the substratum ground; petition was not a collateral abuse.
28 Sept 1999

RE HY & HT LEE BROTHERS & CO. LTD.

Citation

RE HY & HT LEE BROTHERS & CO. LTD.
Court

Court of First Instance
Case number

HCCW275/1998

Petitioner failed to prove that respondents' conduct amounted to unfairly prejudicial or fiduciary misconduct sufficient to generate a just and equitable ground for winding up: petitioner had long acquiesced in management practices, the breakdown of trust with his elder brother predated and was caused by probate/caveat disputes, the contested dividend transfers were justified by executor authority and legitimate cash management, access to records was ultimately provided and alleged improprieties were technical or unsupported; accordingly petition dismissed.