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Hong Kong unfair prejudice s994

Re Luk Fai Holdings Co Ltd; Re Criteria Holdings Ltd

[2023] HKCFI 2268
JurisdictionHong Kong
CourtHK Court of First Instance (Companies Court)
Year2023
StatusBinding authority

Summary

Companies Court clarified the approach to share valuation in unfair prejudice petitions in Hong Kong.

Key Principle

Companies Court clarified the approach on valuation of shares in unfair prejudice petitions.

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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