Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Costs and trustee taxation
  • 17 Jun 2003

    NINA KUNG v. TAN MAN KOU AND OTHERS

    Citation
    NINA KUNG v. TAN MAN KOU AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP2248/2003

    Where equal shareholder deadlock prevents auditors being appointed at AGMs and there is ongoing litigation between shareholder camps that creates a legitimate requirement that auditors be objectively independent of both camps, the court will, under s.131(2), appoint auditors who are objectively independent. Applying that test, the court dismissed the applications to appoint WM Sum/WO Lo in HCMP 2108 and 2248 but granted the JA's application in HCMP 2162 to appoint Nelson Wheeler (1st–33rd respondents) and Moores Rowland (34th–39th respondents). Costs orders were made accordingly and the JA's…