beneficial ownership of assets in securities account – account operated by nominee on behalf of beneficial owner – duties owed by securities firm to account holder – whether securities firm vicariously liable for wrongdoing of account executive
Fraud and misrepresentation – agreement for sale and purchase of company shares in property holding company – errors and anomalies in disputed documents executed at solicitors firm – claim for vacant possession of property against shareholders – whether tainted by misrepresentation and/or fraud – breach of solicitor-client retainer – professional negligence – vicarious liability for actions of solicitor’s clerk.
Winding-up — subsequent to grant of order permanent staying winding-up proceedings, Official Receiver qua provisional liquidator applied for orders and declarations in respect of ad valorem fee said to be chargeable under the Companies (Fees and Percentages) Order, Cap 32C — whether application violated issue estoppel doctrine and abusive of process
Basis and date of valuation of shares for buy-out order — grossly unfair and seriously prejudicial acts of existing shareholders — overriding consideration is one of fairness to both parties in all the circumstances — no principle that a respondent guilty of unfairly prejudicial conduct must invariably be deprived of any increase in the value of shares so as to “put right” the unfair prejudice
Duties and powers of liquidators in adjudicating proof of debt — rule in Holme v Brunskill applicable to guarantee and not indemnity — liquidators not objecting to settlement was sufficient to displace operation of rule
Jurisdiction to grant “anti-arbitration injunction” under s.21L of High Court Ordinance pending determination of dispute in foreign court —jurisdiction not ousted by s.2AA(2)(b) of Arbitration Ordinance
Court’s discretion to fashion appropriate order once unfair prejudice proved — court entitled to consider interests of employees and the public if company’s activities have a public dimension — high degree of case management required in unfair prejudice petitions
Whether injury or death of unknown cause in the course of employment falls within meaning of “personal injury by accident” under s.5 of Employees’ Compensation Ordinance — accident must be distinct from the injury
Cookson v Knowles approach based on 4.5% net rate of return in assessing multipliers no longer valid in Hong Kong — new discount rates for future loss in personal injuries laid down after considering
Nature and burden of proof in sanction proceedings re privatization of listed company — whether share splitting could be taken into account — whether majority obtained through share splitting represented interests of the class
