28 Dec 2020
JOE ZHIXIONG ZHOU v. SAIF PARTNERS II L.P. AND ANOTHER
- Citation
- [2020] HKCFA 44
- Court
- Court of Final Appeal
- Case number
- FACV4/2020
The ALPA created a fiduciary duty owed by Mr Zhou to SAIF and SAIF therefore had its own cause of action for an account of profits; the court has jurisdiction to order disgorgement to SAIF and the question whether SAIF must account to the Fund is a separate matter between SAIF and the Fund and does not defeat or affect Mr Zhou's liability to account to SAIF; the equitable rule requiring disgorgement is not compensatory and applies irrespective of loss.