Hong Kong Case Law: Decisions & Judgments

Topic

Oppression/unfair prejudice

Legal area

Court

18 Mar 2025

PI 1 & PI 2 v. MR

Citation

[2025] HKCFI 1110
Court

Court of First Instance
Case number

HCCT100/2024

The court dismissed the plaintiffs' application and held that the arbitral tribunal has jurisdiction: claims alleging unfairly oppressive or discriminatory conduct and loss of trust and confidence are arbitrable where they arise out of or relate to the Transaction Agreements; Family-Mart requires that such precursor factual and mixed fact-law issues be decided by the tribunal while recognizing the court's exclusive power to grant winding-up or buy-out relief.
22 Jul 2022

CANTON PLUS ENTERPRISE LTD AND ANOTHER v. TONG ZHENJUN AND OTHERS

Citation

[2022] HKCFI 2256
Court

Court of First Instance
Case number

HCA227/2017

Court held that leave to pursue derivative proceedings should be granted where applicants established a prima facie case of breach of duty and unfair prejudice to minority shareholders, while striking out or dismissing claims that lacked particularity or were barred by the proper plaintiff rule.
18 Mar 2004

SILVER CITY INTERNATIONAL (HOLDINGS) LTD v. SINO LUCK INVESTMENT LTD AND ANOTHER

Citation

SILVER CITY INTERNATIONAL (HOLDINGS) LTD v. SINO LUCK INVESTMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMP5412/2003

Given the company had been effectively frozen without AGMs or annual statements since about 1997 and there was a deadlock making it impracticable to call a meeting, the court exercised its discretion under s114B and s111(2) to order an annual general meeting forthwith; the court refused to decide substantive disputes on the shareholders' joint management agreement but imposed the condition that resolutions disturbing equal board representation should not be placed or passed at the ordered meeting and held that removal of the president did not, on the material before the court, require unanimi…
11 Jan 2002

RE THE PRUDENTIAL ENTERPRISE LTD

Citation

RE THE PRUDENTIAL ENTERPRISE LTD
Court

Court of Appeal
Case number

CACV865/2001

The offer did not plainly provide all that the petitioners could reasonably expect because central disputes (the Rights Issue and alleged misappropriation to Interstitial) had to be determined by the court before a proper valuation could be made; the valuation mechanism lacked adequate safeguards (finality without reasons, limited access to information and submissions) and risked inequality of arms and non-completion; accordingly it was not an abuse of process to continue the petition and the striking out/stay application was rightly dismissed.

Hong Kong Case Law

PI 1 & PI 2 v. MR

CANTON PLUS ENTERPRISE LTD AND ANOTHER v. TONG ZHENJUN AND OTHERS

SILVER CITY INTERNATIONAL (HOLDINGS) LTD v. SINO LUCK INVESTMENT LTD AND ANOTHER

RE THE PRUDENTIAL ENTERPRISE LTD