17 Mar 2021
THE PUI YING MIDDLE SCHOOL OF HONG KONG v. THE HONG KONG COUNCIL OF THE CHURCH OF CHRIST IN CHINA
- Citation
- [2021] HKCFI 692
- Court
- Court of First Instance
- Case number
- HCA1991/2016
Court held none of the three alleged breaches by HK Council (vote on 11 March 2015, 8 May 2015 letter to EB, establishment of STPYC IMC) amounted to breach of Clause 8 when judged against best endeavours in context of genuine stakeholder disputes and statutory duties; court implied into the parties' bargain (i) that HK Council had effective appointment rights for its eight board representatives under the pre-2016 articles (2nd and 3rd implied terms); Company’s subsequent insistence on an AGM veto (AGM Requirement) breached those implied terms; that breach and the Company's ongoing insistence…