12 Jul 2019
JOE ZHIXIONG ZHOU v. SAIF PARTNERS II L.P. AND ANOTHER
- Citation
- [2019] HKCA 766
- Court
- Court of Appeal
- Case number
- CACV62/2018
The Court of Appeal held that (1) the plaintiff, given his contractual role and conduct, owed fiduciary duties to the 1st defendant and Fund II co‑partners; (2) the judge was entitled to order an account of profits and disgorgement and to direct disclosure with confidentiality protections and to require the 1st defendant to hold any disgorged profits on trust for Fund II so as to avoid over‑recovery; (3) the plaintiff's procedural and substantive challenges (functus officio, reflective loss) failed as raised late or on insufficient basis; (4) proviso (iv) of article 7.1(c) construed to requir…