Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Shareholder deadlock and buy‑out valuation
  • 13 Jul 2011

    EFFISCIENT LTD v. LEHMANBROWN LTD AND ANOTHER

    Citation
    EFFISCIENT LTD v. LEHMANBROWN LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCCW383/2010

    The court found the petitioner failed to satisfy that the inspection under s152FA was made in good faith for a proper purpose (the application was disproportionate, amounted to a fishing expedition and was tainted by possible ulterior motives including harassment/competition), so jurisdiction under s152FA was not triggered; alternatively, in the exercise of discretion the inspection and most specific discovery requests were refused as unnecessary or overly broad, with limited narrowly framed discovery/affidavit requirements allowed for specific classes in the cross‑petitioner's summons; costs…

    • Section 152fa inspection orders
    • Order 24 discovery
    • Shareholder deadlock and buy‑out valuation
    • Good faith and proper purpose in inspection applications
    • Costs orders