16 Jul 2010
EAST ASIA SATELLITE TELEVISION (HOLDINGS) LTD v. NEW COTAI, LLC AND OTHERS
- Citation
- EAST ASIA SATELLITE TELEVISION (HOLDINGS) LTD v. NEW COTAI, LLC AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2218/2009
Leave to serve the Re‑Amended Writ outside Hong Kong was properly given as to Silver Point and Oaktree but set aside as to the three external New Cotai directors (Moross, Baker, Vora) because there was no good arguable case: personal claims against directors inducing their own company to breach were untenable absent pleaded bad faith; multiple derivative claims were not sustainable because neither Macao nor BVI law provided a clear basis for multiple derivative actions and EAST had not established exceptions; many derivative claims asserted amounted to impermissible reflective loss and were s…