Hong Kong Case Law: Decisions & Judgments

Topic

Unfair prejudice remedy

Legal area

Court

13 Nov 2017

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND ANOTHER

Citation

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND ANOTHER
Court

Court of First Instance
Case number

HCMP1528/2013

The court adjourned the Majority Shareholders' summons to allow them to file supporting evidence about the nature of the Valuer's appointment and grounds for adducing the Cullen report, because the MS failed to file evidence; dismissed the Petitioner’s summons for a supplemental report because the Valuer had already addressed development potential and no jurisdictional or factual basis existed to order further opinion from the Valuer; allowed the amendment to the Companies' summons but adjourned that summons to a later date with costs to the Petitioner for listing failures and inadequate serv…
15 Mar 2017

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

Citation

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS
Court

Court of First Instance
Case number

HCMP1526/2013

The court appointed Colliers to value the Land because Colliers demonstrated relevant New Territories/Lantau agricultural land valuation experience and EY did not; the court appointed Deloitte to value the Companies' shares because Deloitte's proposal, discounted hourly rates, monitoring offer and understanding of litigation realities made it suitably qualified and not materially more expensive than EY; managers' bonus of HK$592,967.47 is payable by the companies that sold the land and must be allocated to the relevant company; Top Master's HK$1.1 million claim must be taken into account and…
2 Aug 2013

LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS

Citation

LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS
Court

Court of Appeal
Case number

CACV107/2012

The Court of Appeal held the appeal should be dismissed: the blocking of the amendment to the bye-law constituted conduct of the companys affairs for the purposes of s168A; where a listed company has agreed with the Exchange to comply with Listing Rules such agreement can form part of the common understanding on which shareholders acquired shares and thus can give rise to equitable constraints on the exercise of strict legal rights if breach jeopardises the listing (as here, causing suspension). On the facts the Judge was entitled to find unfair prejudice and to order amendment of Bye-law 86(…
17 Jul 2003

RE PHILIP HESLOP QC

Citation

RE PHILIP HESLOP QC
Court

Court of First Instance
Case number

HCMP2680/2003

The motion was granted because the court accepted the point on appeal was difficult and complex, there was no direct Hong Kong authority on the issue, the assistance of a specialist in English companies law was justified to resolve conflicting English authorities and develop local jurisprudence on s168A, and admitting the foreign QC was not contrary to the public interest despite the Bar Association's objections.

Hong Kong Case Law

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND ANOTHER

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS

RE PHILIP HESLOP QC