Read the full judgment text of FAMV 49/2014 on BabelCite. This Court of Final Appeal judgment was delivered on 4 February 2015 before Ribeiro PJ, Tang PJ, Fok PJ.
Civil procedure – leave to appeal to Court of Final Appeal – application for leave from CACV 266/2012 – jurisdiction to wind up or grant relief for unfair prejudice over unregistered foreign company – subsidiaries and sub-subsidiaries – correct standard for overturning finding of unfair prejudice – questions of great general or public importance – leave granted on two principal questions and one additional ground under section 22(1)(b) of the Court of Final Appeal Ordinance – appeal scheduled for 7 and 8 October 2015.
Legal issues: Jurisdiction over unregistered foreign company for winding up or unfair prejudice relief · Consideration of subsidiaries' affairs in jurisdiction determination · Correctness of Court of Appeal overturning unfair prejudice finding
Outcome: Leave to appeal granted on two questions of great general or public importance and on one additional ground under section 22(1)(b) of the Court of Final Appeal Ordinance.