19 May 2023
POON KA MAN JASON v. CHENG WAI TAO AND OTHERS
- Citation
- [2023] HKCA 676
- Court
- Court of Appeal
- Case number
- CACV61/2023
The Court of Appeal held that (1) the judge erred in excluding the votes based on the Share Transfers: on the findings the transfers were genuine and registered entries gave Mak and Wong member status and their votes should be counted; (2) Order 22 is enacted in terms of the named plaintiff and does not extend to treating the defendant company as the accepting plaintiff in a derivative action, but the court has power under Order 22A to order payment out to the party entitled when justice and the circumstances (including an independent organ resolving to accept) warrant it; (3) on the facts it…