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Hong Kong Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Arbitration [2018] HKCA 1010

CHU KONG v. LAU WING YAN AND OTHERS

The Court of Appeal held that a stay pending arbitration was mandatory under s20(1) of the Arbitration Ordinance and stayed the action against the 4th defendant.

  • Stay pending arbitration
  • Multiple derivative action
  • Director's actual and apparent authority
  • Nominal party
  • Arbitral jurisdiction
  • Locus to commence arbitration
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Arbitration CHU KONG v. LAU WING YAN AND OTHERS

CHU KONG v. LAU WING YAN AND OTHERS

The Court of First Instance refused to send a multiple derivative action to arbitration, holding the dispute was not the subject of the arbitration agreement.

  • Stay to arbitration
  • Arbitrability
  • Multiple derivative action
  • Validity of supplemental agreement
  • Director's breach of fiduciary duty
  • Arbitration
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Company law CHAN CHUN HOO THOMAS v. WADDINGTON LTD

CHAN CHUN HOO THOMAS v. WADDINGTON LTD

Application for leave to appeal dismissed in a multiple derivative action concerning breach of fiduciary duty, conflict of interest, and equitable compensation.

  • Multiple derivative action
  • Breach of fiduciary duty
  • Corporate opportunity doctrine
  • Conflict of interest
  • Equitable compensation
  • Leave to appeal
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Company law WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

Appeal over a multiple derivative action partly succeeds on interest only; the Court upholds findings of fiduciary breach, causation, and availability of MDA.

  • Multiple derivative action
  • Fiduciary duties
  • No‑conflict rule
  • No‑profit rule
  • Causation and equitable compensation
  • Choice of law / lex incorporationis
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Company law WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

The court found Thomas caused Profit Point to sell Prestige shares to facilitate the Yugang transaction, breached fiduciary duties, and awarded damages to Profit Point.

  • Breach of fiduciary duty
  • Multiple derivative action
  • Reflective loss doctrine
  • Choice of law (bvi)
  • Res judicata and issue estoppel
  • Quantification of damages
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Civil procedure WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

The Court of Appeal upheld dismissal of late non-party discovery and subpoena applications, finding they would disrupt trial and that the subpoenas were an abuse of process.

  • Non-party discovery
  • Subpoena duces tecum
  • Multiple derivative action
  • Case management
  • Costs orders
  • Non-party-discovery
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Company law WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

Court of First Instance rulings on late interlocutory applications in a multiple derivative action: third party discovery, security for costs, interrogatories, and a preliminary issue.

  • Third party discovery
  • Security for costs
  • Interrogatories
  • Preliminary issue on locus to sue
  • Multiple derivative action
  • Late interlocutory applications
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Company law EAST ASIA SATELLITE TELEVISION (HOLDINGS) LTD v. NEW COTAI, LLC AND OTHERS

EAST ASIA SATELLITE TELEVISION (HOLDINGS) LTD v. NEW COTAI, LLC AND OTHERS

The Court of Appeal addressed inducing breach of contract, reflective loss, service out, and whether foreign-law companies may bring multiple derivative actions.

  • Derivative action
  • Multiple derivative action
  • Reflective loss
  • Inducing breach of contract
  • Service out of jurisdiction
  • Material non-disclosure
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Company law EAST ASIA SATELLITE TELEVISION (HOLDINGS) LTD v. NEW COTAI, LLC AND OTHERS

EAST ASIA SATELLITE TELEVISION (HOLDINGS) LTD v. NEW COTAI, LLC AND OTHERS

Court of Appeal addressed multiple derivative actions, reflective loss, inducement of breach of contract, and service out. It held foreign-incorporation law governs derivative standing and upheld the service-out ruling.

  • Derivative action
  • Multiple derivative action
  • Reflective loss
  • Inducing breach of contract
  • Service out of jurisdiction/material non-disclosure
  • Lex incorporationis vs lex fori
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Company law EAST ASIA SATELLITE TELEVISION (HOLDINGS) LTD v. NEW COTAI, LLC AND OTHERS

EAST ASIA SATELLITE TELEVISION (HOLDINGS) LTD v. NEW COTAI, LLC AND OTHERS

Interlocutory judgment on service out, strike out, amendment and a section 168A petition in a joint venture dispute. Many reflective loss and derivative claims were struck out.

  • Derivative action
  • Multiple derivative action
  • Reflective loss
  • Service out of jurisdiction (order 11)
  • Setting aside service (order 12)
  • Strike out
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.