13 Aug 2021
KWOK HIU KWAN v. JOHNNY CHEN AND OTHERS
- Citation
- [2021] HKCA 1145
- Court
- Court of Appeal
- Case number
- CACV202/2019
The Court exercised its discretion to grant leave to appeal to the Court of Final Appeal because the question whether Article 74 is subject to a Wednesbury‑type limitation is reasonably arguable, involves issues of foreign law and has wide impact given the prevalence of similar clauses in Cayman‑incorporated listed companies; although the Court of Appeal had upheld the judge’s construction that the article is not subject to an implied rationality limitation and that only fraud or bad faith will justify overturning a chairman’s decision, the matter merits final determination by the Court of Fi…