Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Imputation of directors' knowledge

Legal area

Court

5 Jul 1989

PETROLIAM NASTIONAL BERHAD BBMB FINANCE (HONG KONG) LTD AND ANOTHER v. CARRIAN INVESTMENTS LIMITED

Citation

PETROLIAM NASTIONAL BERHAD BBMB FINANCE (HONG KONG) LTD AND ANOTHER v. CARRIAN INVESTMENTS LIMITED
Court

Court of First Instance
Case number

HCCW241/1983

Leave was granted because the matters involved complex points of law and fact and the High Court action is the more appropriate forum to try them; granting leave avoids multiplicity of proceedings and inconsistent findings, subject to undertakings that any judgment against the companies shall not be enforced without leave of the court.
19 Jul 1988

EDA HOLDINGS LTD (IN LIQUIDATION) AND OTHERS v. ETEK HOLDINGS LTD AND ANOTHER

Citation

EDA HOLDINGS LTD (IN LIQUIDATION) AND OTHERS v. ETEK HOLDINGS LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV11/1988

The Court held the plaintiffs were the beneficial owners, the second defendant converted the shares and was liable in damages; no estoppel arose because there was no fraud or gross negligence and the alleged representations were not relied on by the appellant in relation to a then-existing right; knowledge of common directors could not be imputed absent duties to communicate; consequently the trial judge's judgment and assessment of damages (allowing mitigation for replacement) were upheld and the appeal dismissed.