24 Jun 2022
LAM KIN CHUNG v. SOKA GAKKAI INTERNATIONAL OF HONG KONG LTD
- Citation
- [2022] HKCA 931
- Court
- Court of Appeal
- Case number
- CACV103/2018
The Court refused leave to appeal to the Court of Final Appeal and held that the Company had not proved that the 2019 EGM resolution constituted valid approval or ratification under s.734 CO because members were presented with inaccurate, incomplete and misleading information (including incorrect legal advice) so they did not give fair consideration when voting; the burden is on the company to show fair consideration and proper information, and mass membership alone does not relieve that burden.