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Luck Continent Ltd v Cheng Chee Tock Theodore

(2013) 16 HKCFAR 102
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2013
StatusBinding authority

Summary

CFA confirmed standing for multiple derivative actions under Companies Ordinance s.732, refining proper plaintiff rule in the HK statutory context.

Key Principle

derivative action under Cap 622 s.732; multiple derivative standing; proper plaintiff rule

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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