19 May 2023
POON KA MAN JASON v. CHENG WAI TAO AND OTHERS
- Citation
- [2023] HKCA 676
- Court
- Court of Appeal
- Case number
- CAMP99/2022
On the facts and applicable law the Court of Appeal held that (1) the Share Transfers, being validly entered in the register and not shown to be sham, produced members entitled to vote and their votes should not be excluded; (2) Order 22 is directed to the named plaintiff and does not permit the company (as defendant) to accept a defendant's sanctioned payment, but the court has jurisdiction under Order 22A to order payment out of money standing in court to the company in full and final settlement where the company, acting by an appropriate independent organ, genuinely resolves to accept the…