11 Mar 2009
TRADEPOWER (HOLDINGS) LTD v. TRADEPOWER (HONG KONG) LTD AND OTHERS
- Citation
- TRADEPOWER (HOLDINGS) LTD v. TRADEPOWER (HONG KONG) LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2540/2008
The court found it impracticable to convene a meeting through the current directors because they had refused to sign identical resolutions; s114B is available without first invoking s113; in the absence of a stay the plaintiff is entitled to effect the Court of Appeal's order and it was fair and just to order an EGM under s114B, with consequential delivery of company seals/chops/cheque books to the newly constituted board within seven days after the EGM, and interim restraints secured by defendants' undertaking until the EGM.