4 Mar 2020
KWOK HIU KWAN v. JOHNNY CHEN AND OTHERS
- Citation
- [2020] HKCFI 324
- Court
- Court of First Instance
- Case number
- HCMP41/2018
Article 74 of the articles gives the chairman a contractual function whose decision at the meeting is final and conclusive and may only be set aside if the chairman acted in bad faith; Article 74 is not subject to an implied qualification permitting review for manifest unreasonableness in the absence of necessity to imply such a term; on the evidence the plaintiff failed to prove bad faith and the originating summons is dismissed; certain without prejudice materials are privileged and struck out.