16 Apr 2020
JEFFREY GRAY AND OTHERS v. LAU CHUN TO AND OTHERS
- Citation
- [2020] HKCFI 596
- Court
- Court of First Instance
- Case number
- HCMP1753/2018
Where, after evidence has been placed before the court and counsel have opened their cases, the court itself considers on that material that the company’s affairs have been conducted in a manner unfairly prejudicial to members and respondents either do not oppose the allegations or take a neutral position, the court has power to make orders under s725(1)(a) without requiring a full trial; however, absent sufficient evidence or where respondents contest the allegations, a trial is required because a finding of unfair prejudice is a jurisdictional prerequisite.