10 Oct 2003
GOLDEN TIMES ASIA LTD v. MAK YIU CHEUNG
- Citation
- GOLDEN TIMES ASIA LTD v. MAK YIU CHEUNG
- Court
- Court of First Instance
- Case number
- HCA3523/2003
The application was dismissed because the plaintiff failed to establish a good or strong prima facie case as to its authority to bring proceedings (significant doubt that Yu was validly appointed and no evidence of a properly convened directors' meeting or notice), and on the balance of convenience the evidence did not show irreparable harm to the company while there was real risk of misuse of funds by Tseng and Yu and no cross‑undertaking; accordingly the mandatory relief sought could not be granted.