Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Proxy fraud
  • 19 Jul 2016

    GUANG SHENG INVESTMENT DEVELOPMENT GROUP LTD v. CHINA INVESTMENT FUND CO LTD

    Citation
    GUANG SHENG INVESTMENT DEVELOPMENT GROUP LTD v. CHINA INVESTMENT FUND CO LTD
    Court
    Court of First Instance
    Case number
    HCA1847/2016

    The ex parte injunction was discharged because Guang Sheng was not a registered shareholder and thus lacked locus standi to bring the claim and obtain the relief; the ex parte hearing involved material non‑disclosure (notably the non‑registered status and the Li forged‑proxy incident) which meant the judge did not have full and frank disclosure; the one‑week adjournment of the EGM was justified by serious interference with a shareholders voting rights and the Articles did not permit appointment of an outside chairman; accordingly the injunction was unnecessary and inappropriate and must be se…