24 Apr 2019
DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS
- Citation
- [2019] HKCA 461
- Court
- Court of Appeal
- Case number
- CACV169/2017
The Court of Appeal allowed the majority shareholders' appeal, set aside the buy-out order and related compensation orders because Clause 6[2] did not impose a positive obligation to approve sales to outside buyers and the petitioner was validly removable for cause (an implied term permits removal for misconduct); therefore the conduct found by the Deputy Judge did not constitute unfairly prejudicial conduct warranting buy-out under s.168A.