Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non-disparagement
  • 14 Feb 2018

    JOE ZHIXIONG ZHOU v. SAIF PARTNERS II L.P.AND ANOTHER

    Citation
    [2018] HKCFI 357
    Court
    Court of First Instance
    Case number
    HCCL16/2016

    Clause 8 of the SA fixed plaintiff's final vested carried interest at 51.78% and prevented reduction; ALPA proviso (iv) requires a causal link so that ‘Termination with Cause’ means an involuntary termination for Cause and does not apply to consensual termination later followed by discovery of Cause; ‘policy’ in ALPA refers to an express written policy; non-disparagement clause targets reputational harm not ordinary operational or financial conduct; plaintiff breached fiduciary duties in relation to the Xinrui/Keygate dealings and must disgorge profit from that investment; other allegations o…