Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 152fa inspection

Legal area

Court

3 Oct 2011

LEHMAN & CO. MANAGEMENT LTD v. EFFISCIENT LTD AND ANOTHER

Citation

LEHMAN & CO. MANAGEMENT LTD v. EFFISCIENT LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV140/2011

The Court held the Deputy Judge's refusal of the s.152FA inspection application was interlocutory (thus requiring leave), the petitioner failed to show the application was made in good faith and for a proper purpose and therefore had no reasonable prospect of success, and accordingly the application for leave to appeal out of time was dismissed.
13 Jul 2011

LEHMAN & CO MANAGEMENT LTD v. EFFISCIENT LTD AND ANOTHER

Citation

LEHMAN & CO MANAGEMENT LTD v. EFFISCIENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCCW377/2010

The court refused the petitioner's application under s152FA because petitioner failed to satisfy the composite requirement of acting in good faith for a proper purpose given delay, prior nominee director conduct, and evidence of fishing/harassment; even if jurisdiction existed the court would have exercised its discretion against the application. Specific discovery requests were largely disallowed as overbroad, unnecessary or already met by disclosed audited accounts and schedules; a few narrowly defined classes on the cross‑petitioner summons required further affidavit(s) but most classes we…