16 Jul 2010
EAST ASIA SATELLITE TELEVISION (HOLDINGS) LTD v. NEW COTAI, LLC AND OTHERS
- Citation
- EAST ASIA SATELLITE TELEVISION (HOLDINGS) LTD v. NEW COTAI, LLC AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2189/2009
The court held that leave had been given for service of the Re‑Amended Writ but that many of EAST's claims were unsustainable: personal claims against directors for inducing their own company to breach the SPA failed absent pleaded bad faith (Said v Butt); multiple derivative claims failed because BVI and Macao law do not recognise multiple derivative actions (Konamaneni), and derivative claims seeking reflective loss were barred by the reflective loss principle (Johnson) and s.168A(2C). Material non‑disclosure in EAST's ex parte application was identified but it did not require setting aside…