30 Oct 2018
YUEN TAK SUNG v. SEA DRAGON FOOD LTD
- Citation
- [2018] HKCFI 2471
- Court
- Court of First Instance
- Case number
- HCMP1721/2018
The court granted leave to commence the statutory derivative action because the low threshold of a serious issue to be tried was met and the proposed action was in the interests of the company; the court dispensed with written notice under s733(1)(c) where appropriate given deadlock but preserved fairness by giving the intended 1st defendant liberty to apply to set aside the order within 28 days; the applicant's costs of the originating summons (including the hearing) were ordered to be indemnified out of the company's assets and costs of the substantive derivative action were reserved.