Hong Kong Case Law: Decisions & Judgments

Topic

Unfair prejudice under s168a

Legal area

Court

14 Dec 2012

BILLION LEAD INVESTMENT LTD v. UNION JOYCE LTD AND OTHERS

Citation

BILLION LEAD INVESTMENT LTD v. UNION JOYCE LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP2145/2011

The petition sufficiently pleaded particulars to raise an inference of fictitious invoices and misuse of shared credit facilities; the documents sought are likely in respondents' knowledge and possession, are relevant in the broad Peruvian Guano sense, and discovery is necessary and proportionate for determining claims for loss and indemnity. Accordingly limited and time‑confined specific discovery was ordered as necessary for fair disposal under post-CJR principles.
7 May 2012

TAM PO KEI v. TAM BO KIN AND OTHERS

Citation

TAM PO KEI v. TAM BO KIN AND OTHERS
Court

Court of Appeal
Case number

CACV267/2010

The Court of Appeal allowed the respondents' appeal because the trial judge's adverse findings against the 1st respondent on the principal accounting complaints were either unsupported by the totality of evidence or produced a risk of double recovery. The court held that the trial judge overlooked the contemporaneous documentary evidence and his own findings that the Father remained in control and had approved transactions (invoking the Duomatic concept), thereby undermining the basis for ordering the 1st‑5th respondents to buy out the petitioner. Only the finding that access to books had bee…
3 Sept 2003

CHEUNG POH CHOO v. CHIN LAN HONG AND OTHERS

Citation

CHEUNG POH CHOO v. CHIN LAN HONG AND OTHERS
Court

Court of First Instance
Case number

HCMP4752/2002

The court held that for s168A relief the complained conduct must be conduct in the affairs of the specific company named in the petition; separate corporate entities must be kept distinct and complaints about other companies that do not involve or impinge on the subject company are not relevant and should be struck out. Where it is plain the complaints cannot on any view support unfair prejudice in respect of the subject company those parts must be removed; interactions between companies that materially affect the subject company remain examinable.

Hong Kong Case Law

BILLION LEAD INVESTMENT LTD v. UNION JOYCE LTD AND OTHERS

TAM PO KEI v. TAM BO KIN AND OTHERS

CHEUNG POH CHOO v. CHIN LAN HONG AND OTHERS