29 Dec 2021
HONG KONG FAR INFRARED RAYS ASSOCIATION LTD v. LAM HONG NAM AND ANOTHER
- Citation
- [2021] HKCFI 3884
- Court
- Court of First Instance
- Case number
- HCA1963/2014
The court held the natural and ordinary meaning of the letter was that the plaintiff was unlawful or had an unlawful status by reason of breaches of company law (including sections 111 and 122 of the predecessor Companies Ordinance); on the facts the defendants proved the substantial truth that the plaintiff had failed to hold valid AGMs, had incorrect annual return dates and had not rectified defaults at the time of publication, and the publication was made on an occasion of qualified privilege (defendants had duty/interest to notify relevant bodies); malice was not established; accordingly…