Home Information Cases Ming Siu Hung v JF Ming Inc. (2021)

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Ming Siu Hung v JF Ming Inc. (2021)

Summary

Following his ruling that his failure to provide the minority with the Company’s financial statements as required by the Company’s articles constituted unfair prejudice, Leon J had ordered that the majority shareholder buy the shares of the minority.  The Eastern Caribbean Court of Appeal upheld his finding of unfair prejudice but overturned the buy-out order on the ground that requiring the majority shareholder to provide the financial information was the appropriate remedy.  The Privy Council restored the buy-out order.  Leon J had not made any error of principle and the Court of Appeal had not been entitled to interfere with the exercise of his discretion when considering what relief to grant. 

Mr Parker QC appeared before Leon J, the Court of Appeal and the Privy Council.     

Facts

Held

Privy Council (BVI)
Leon J
Judgment date
14 January 2021
References
LTL 14/1/2021 : [2021] 1 WLUK 61

Practice areas