Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unfair prejudice (s724/s725 companies ordinance)
  • 23 Jan 2020

    MAGNUS LEONARD ROTH v. VITALY ORLOV AND ANOTHER

    Citation
    [2020] HKCFI 273
    Court
    Court of First Instance
    Case number
    HCMP2753/2017

    The Court exercised its costs discretion by focusing on the substantive outcome: the petition achieved its primary purpose (a buyout order in favour of Orlov) whereas the cross-petition, though yielding some findings, produced no different practical relief and added delay and cost. Therefore Roth was ordered to pay Orlov's costs. The Court further found it had jurisdiction to order an interim payment and, balancing valuation uncertainty, risk of overpayment, affordability and the practical need to neutralize shareholder obstruction, ordered an interim payment of HK$35,000,000 by Roth from his…