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Hong Kong unfair prejudice s994

Lam Chi Kin David v Tso Siu Lun Eric

[2009] HKCFI 73
JurisdictionHong Kong
CourtHK Court of First Instance
Year2009
StatusBinding authority

Summary

Court addressed shareholder disputes and the appropriate valuation methodology for buy-out orders under unfair prejudice provisions.

Key Principle

shareholder disputes; buy-out orders and valuation methodology under unfair prejudice provisions

Area of Law

company

Related Cases

Shafron v Australian Securities and Investments Commission (2012) 247 CLR 465

A company secretary is an 'officer' under the Corporations Act and owes a duty of care and diligence under s 180 in performing their functions.

Bell Group Ltd (in liq) v Westpac Banking Corporation [2012] WASCA 157

Directors of an insolvent company owe duties to creditors, and bank claims may be subordinated where unconscionable conduct is established in dealings with the insolvent company.

Barclay v Penberthy (2012) 246 CLR 258

The standard of care under s 180 of the Corporations Act is that of a reasonable person in the director's position, having regard to the corporation's circumstances and the director's office.

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