4 Jun 2020
MAGNUS LEONARD ROTH v. VITALY ORLOV AND ANOTHER
- Citation
- [2020] HKCFI 1072
- Court
- Court of First Instance
- Case number
- HCMP2753/2017
The valuer in the circumstances of this buyout valuation exercise was performing a quasi‑judicial function (conducting the quantum phase, receiving submissions, producing a reasoned, final and binding report to be made an Order of the Court); therefore the reasonable apprehension of bias test applies; the prior undisclosed engagement of the valuer's firm (FTI UK instructed by Roth in related English proceedings) satisfied that test and justified rescission of the appointment of Mr Jon Rowell and FTI; the court replaced the valuer and made a costs order nisi against Roth to pay Orlov's costs o…