7 Feb 2014
LU JUN v. YU QI AND OTHERS
- Citation
- LU JUN v. YU QI AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV37/2013
The Court of Appeal upheld the recorder's findings that Mr Lu was the beneficial owner of the 15% shareholding, that Madam Yu's sequence of conduct (assignment of loans to Potala, threats/demands, imposition of unexpected liabilities, sale of Shanghai Hanglong on deferred terms, and diversion of a JV dividend) amounted to unfairly prejudicial conduct justifying a s.168A buy‑out. The proper valuation is on a going‑concern basis as at the date of the petition, without a minority shareholding discount, on the assumptions that allegations against Mr Lu are not made out, unfair prejudice is establ…