24 Feb 2023
SANJU ENVIRONMENTAL PROTECTION (HONG KONG) LTD v. WANG LISHAN AND OTHERS
- Citation
- [2023] HKCFI 531
- Court
- Court of First Instance
- Case number
- HCMP1612/2021
Proposed Resolutions 2 and 4, as drafted, would confer wide unilateral and effectively unlimited powers on the Chairman/CEO that conflict with the Company's existing governance framework and would likely amount to breaches of directors' duties; an injunction under s.729 CO is therefore warranted to restrain the passing or carrying out of Resolutions 2 and 4 as framed. The court declined to grant injunctions in respect of Proposed Resolutions 1 and 3 and dismissed the claim against the 3rd-5th Defendants due to insufficient evidence they would act as 'rubber stamps'.