Chan Shiu Chick & Another v. Law Wai Duen & Another
Read the full judgment text of FAMV 30/2001 on BabelCite. This FAMV judgment was delivered on 31 January 2002 before Chief Justice Li, Bokhary PJ, Chan PJ.
1. We thank all counsel for their very full arguments, but our determination can be stated quite briefly.
Legal issues: Leave to appeal on director's right to inspect documents · Scope of sealed order · Joinder of Mr Yip
Outcome: Applications for leave to appeal dismissed with costs.
Cited by 2 cases
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FAMV000030/2001 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FAMV No. 28 of 2001 MISCELLANEOUS PROCEEDINGS NO. 28 OF 2001 (CIVIL) (ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 1835 OF 2001 )
_____________________ FAMV No. 29 & 30 of 2001 MISCELLANEOUS PROCEEDINGS NO. 29 & 30 OF 2001 (CIVIL) (ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 1836 OF 2001)
_____________________ Appeal Committee: Chief Justice Li, Mr Justice Bokhary PJ and Mr Justice Chan PJ Date of Hearing: 31 January 2002 Date of Determination: 31 January 2002 _______________________________________ D E T E R M I N A T I O N _______________________________________ Mr Justice Bokhary PJ: 1.We thank all counsel for their very full arguments, but our determination can be stated quite briefly. 2.The decision of the Court of Appeal does not purport to cover the whole of the law on this subject. It goes essentially to holding that the judge was not justified in her view of the facts. In these circumstances, we do not consider it appropriate to give leave to appeal for the purpose of settling the law on a director's right to inspect company documents. 3.As to the suggestion that the Court of Appeal unjustifiably widened the scope of its sealed order, we are satisfied that the scope of the inspection, which is what the case is about, was not altered. So we do not consider it appropriate to grant leave to appeal on this aspect of the matter either. 4.Finally, there is Mr Yip's position. In our view, the prudent course, and therefore a justifiable course, was to join him. 5.In the result, these applications for leave to appeal to the Court of Final Appeal are dismissed with costs.
Representation: Mr Alan Leong SC and Mr Stewart K.M. Wong (instructed by Messrs Ng and Partners) for the applicant in FAMV 28 & 29/2001 Mr Kenny C.P. Lin (instructed by Messrs King & Co) for the 2nd applicant in FAMV 30/2001 Mr Winston Poon SC and Ms Linda Chan (instructed by Messrs Baker & McKenzie) for the respondents in all applications |
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