Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Leave to pursue derivative action
  • 20 Nov 2014

    HONGKONG ZHONGXING GROUP COMPANY LTD v. GRAND FIELD GROUP HOLDINGS LTD

    Citation
    HONGKONG ZHONGXING GROUP COMPANY LTD v. GRAND FIELD GROUP HOLDINGS LTD
    Court
    Court of First Instance
    Case number
    HCMP3278/2013

    The court found the plaintiff's originating summons was reasonable because the defendant's conduct and communications indicated a lack of intent to prosecute the underlying action; a shareholder must show compliance with any requirements of the place of incorporation but absence of a statutory leave requirement there does not bar use of Hong Kong's statutory derivative procedure; accordingly costs of the originating summons were ordered to be paid by the defendant to the plaintiff on a party-and-party basis with a certificate for one counsel.