Aug 2020
Des Voeux Chambers’ Senior Counsel Jose Maurellet SC and Conyers’ Partner Norman Hau co-authored “There’s no place to wind-up like home” to discuss the recent judgment in Scanty Investment Company v Brilliant Functions Limited [2020] HKCFI 498, in which the High Court of Hong Kong held that it would generally be unreasonable for a shareholder to wind-up a foreign company with no place of business in Hong Kong if it has an alternative remedy for unfair prejudice at the company’s place of incorporation. Such a winding up petition is likely to be struck out or stayed by the Hong Kong courts in the future.
This is a case authority of critical importance going forward in planning litigation strategy for a shareholders’ dispute involving a foreign company.