17 Mar 2021
THE PUI YING MIDDLE SCHOOL OF HONG KONG AND OTHERS v. SO SHING YIT ERIC AND OTHERS
- Citation
- [2021] HKCFI 692
- Court
- Court of First Instance
- Case number
- HCA3314/2016
Court found the three alleged breaches by HK Council not established; however the court implied and upheld the 2nd and 3rd terms (HK Council entitled to effectively have its nominated directors appointed under the historical article 13 practice), found the Company breached those implied terms by enforcing an AGM veto practice (the 'AGM Requirement'), and held that equitable bars (including lack of readiness and unclean hands) precluded specific performance; consequently the Company's claim for specific performance was dismissed, HK Council's counterclaim for discharge was dismissed, and the r…