Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Apparent/actual bias
  • 19 Jan 2012

    METROPLEX BERHAD v. FERNANDO GASPER AND ANOTHER

    Citation
    METROPLEX BERHAD v. FERNANDO GASPER AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV58/2011

    The appellant failed to discharge the heavy burden of proving actual or apparent bias or dereliction of duty; the liquidators' actions were reasonable and justified by the exigencies (including actions by PAGCOR, SBMA and the Philippine rehabilitation process), the regulating order remained justified given the stage of the liquidation, and the court will not disturb the judge's discretionary decision to retain the liquidators; respondent liquidators to provide creditor report and costs taxed on a common fund basis.