Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Director appointment disputes

Legal area

Court

22 Nov 2021

CHINA EUROPE INTERNATIONAL BUSINESS SCHOOL v. CHENGWEI EVERGREEN CAPITAL LP (formerly known as CHENGWEI VENTURES EVERGREEN FUND LP) AND OTHERS

Citation

[2021] HKCFI 3513
Court

Court of First Instance
Case number

HCCW12/2021

The Court held the substance of the disputes in the petition fall within the scope of the broad arbitration clauses in the 2007 Agreements; the Company had a sufficient interest to seek a stay; petitioner failed to discharge the burden to show why arbitration should not be enforced; undertakings from third parties removed prejudice concerns; accordingly the petition was stayed pending determination of the arbitration, with liberty to restore and costs ordered against petitioner.
25 Apr 2007

LEUNG CHEUNG YUK YING v. LEUNG KWOK FUN AND OTHERS

Citation

LEUNG CHEUNG YUK YING v. LEUNG KWOK FUN AND OTHERS
Court

Court of First Instance
Case number

HCCW150/2006

Mutual trust and confidence between the main shareholders and directors had irretrievably broken down in a company founded as a family/quasi-partnership, the 1st respondent occupied the company's sole asset to the exclusion of the petitioner and attempted self-dealing including a proposed undervalue sale and improper appointment of an additional director, such facts destroyed the substratum and fairness of continuation of the company and justified winding it up on the just and equitable ground; costs follow the event save where specifically found otherwise.