Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Corporate deadlock

Legal area

Court

5 Mar 2021

ONWEL SALES LTD v. SKECHERS S.A.R.L. AND ANOTHER

Citation

[2021] HKCFI 790
Court

Court of First Instance
Case number

HCCT19/2021

Interim interim relief was refused because no arbitration has been commenced, the applicant lacks a clear vested right or certainty to commence the intended arbitration (its right to obtain leave is disputed), the urgency claim was undermined by prior related events and delay, and the balance of fairness and prejudice favoured the defendants.
28 Jan 2016

ASHOK KODUMAL HEMNANI v. PRIMLAKS (HK) LTD

Citation

ASHOK KODUMAL HEMNANI v. PRIMLAKS (HK) LTD
Court

Court of First Instance
Case number

HCMP1789/2015

The court granted leave under s.733 because on the face of the application the Applicant demonstrated a serious question to be tried with some prospect of success and it appeared prima facie to be in the company's interests to pursue the claims; there was no evidence that the board had considered the matters (board deadlock) and allegations challenging the existence of facts and evidence were insufficient to defeat the low threshold for leave.