5 May 2023
MODENA MACHINERY (INTERNATIONAL) LTD v. MODENA TECHNOLOGY (HONG KONG) LTD
- Citation
- [2023] HKCFI 1173
- Court
- Court of First Instance
- Case number
- HCMP367/2022
Leave was granted because on the face of the application the proposed derivative defence was prima facie arguable and it was in the interests of Modena HK to have the claimant-related majority removed from control of the company’s defence; the statutory notice requirement was satisfied or properly dispensed with; and the applicant undertook to bear initial costs and indemnify Modena HK for any adverse costs order, making grant appropriate despite contested factual issues which are unsuitable for resolution at this interlocutory stage.