Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Leave to amend petition

Legal area

Court

26 Mar 2020

SCANTY INVESTMENT CO AND ANOTHER v. BRILLIANT FUNCTIONS LTD AND OTHERS

Citation

[2020] HKCFI 498
Court

Court of First Instance
Case number

HCCW190/2018

The strike-out application was dismissed because the petitioners provided an undertaking not to commence BVI unfair prejudice proceedings, removing prejudice to respondents; however the court held as a legal proposition that where a company is incorporated abroad, has no place of business in Hong Kong and equivalent buy-out remedies exist at the place of incorporation, petitioners should ordinarily be required to pursue relief there unless it is unreasonable to do so or the respondents cannot effect a buy-out.
21 Apr 2004

CIBA INTERNATIONAL LTD v. TUNG KA HUNG AND OTHERS

Citation

CIBA INTERNATIONAL LTD v. TUNG KA HUNG AND OTHERS
Court

Court of First Instance
Case number

HCCW1193/2002

Leave to further amend the petition to add the specified prayers was granted because the additional relief was arguable as within the scope of Section 168A(2) and the Court of Appeal has held that Section 168A petitions may, as a matter of jurisdiction and discretion, include claims overlapping with derivative claims where the statutory criteria are met; the petitioner had already pleaded diversion of business within the petition.