27 Sept 2022
LO SIU TIM AND ANOTHER v. FITNESS TOGETHER LTD AND OTHERS
- Citation
- [2022] HKCFI 2946
- Court
- Court of First Instance
- Case number
- HCMP766/2021
The plaintiffs were effectively successful: the Nominees were contractually and fiduciarily bound by the Nominee Deed to transfer or vote in accordance with beneficial owners' instructions, franchisor approval and stamp duty concerns did not justify imposing those preconditions, and the Nominees only relented after franchisor intervention. On that basis the court exercised its discretion to order the 2nd and 3rd defendants to pay the plaintiffs' costs but declined to award indemnity costs given the overall conduct of the parties.