14 May 2019
LIU CHUN KAU ANDY v. HUNG LEE CONSTRUCTION ENGINEERING LTD
- Citation
- [2019] HKCFI 1269
- Court
- Court of First Instance
- Case number
- HCMP527/2019
The court found that the threshold for a 'serious issue to be tried' is met on the pleaded breaches of fiduciary duty, that it is in the company's interests to grant leave because successful claims would result in an account of profits or payments to the company, that the company has not and is unlikely to authorize proceedings due to board/shareholder deadlock, and that the plaintiff acted in good faith; accordingly leave to bring the derivative action should be granted and the plaintiff may make submissions on costs under the statutory scheme.