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Hong Kong unfair prejudiceshareholder remedieslisted companies

Luck Continent Ltd v Cheng Chee Tock Theodore

Luck Continent Ltd v Cheng Chee Tock Theodore [2013] 4 HKLRD 181; [2013] 5 HKC 442 (CACV 107/2012, Court of Appeal)
JurisdictionHong Kong
CourtHong Kong Court of Appeal
Year2013
StatusBinding authority

Key Principle

Relief for unfair prejudice under s.168A of the Companies Ordinance (Cap 32) is available to any member regardless of the size of the shareholding or company, and conduct that jeopardises a listed company's listing status can be unfairly prejudicial where shareholders shared a common understanding that the listing be maintained (the existing 'derivative action under Cap 622 s.732 / multiple derivative standing' description is incorrect: this is a s.168A unfair-prejudice case, and the court is the Court of Appeal, not the CFA).

Area of Law

company

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