Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Unfair prejudice under section 168a

Legal area

Court

27 Sept 2013

CHAN KAM CHEUNG v. SUN LIGHT ELASTIC LTD AND ANOTHER

Citation

CHAN KAM CHEUNG v. SUN LIGHT ELASTIC LTD AND ANOTHER
Court

Court of First Instance
Case number

HCCW302/2012

On the evidence before the court and assuming the petitioner's factual allegations, the alternative prayer for a winding-up order had no realistic prospect of success because the petitioner failed to state particular reasons why winding-up might be necessary, not all shareholders were joined, and there was an available alternative remedy under s168A; accordingly the winding-up prayer is struck out, the petition is stayed pending mediation with liberty to apply to lift the stay, and costs directions are given.
28 Feb 2013

TAM PO KEI v. TAM BO KIN AND OTHERS

Citation

TAM PO KEI v. TAM BO KIN AND OTHERS
Court

Court of Final Appeal
Case number

FAMV20/2012

The Court concluded the contested transactions were shown to have been approved by the founding director so the Duomatic principle and the evidence did not support the trial judge's adverse findings; the Court of Appeal was entitled to overturn those factual findings and, with section 168A relief refused, there was no basis to prevent a valid winding-up under section 177(1)(a); accordingly leave to appeal was refused.