In the Matter of Sina Corporation - Judgment
s.238 appraisal proceedings-importance of discovery by the company-PRC law-majority of documents submitted for approval disclosed-remaining documents-breach-real risk of prosecution and serious sanction-expert evidence-US decisions -discretion-balancing exercise-probative value of documents which PRC authority refused to allow to be transferred out of the PRC-necessity for fair trial-independent China expert to review documents and opine on their importance to issues in the case in PRC-delay conduct of company-prejudice to dissenters-proposals by the company-disclosure of communications with PRC authorities in PRC-letters rogatory. Company law; Shareholder appraisal; Civil procedure; Conflict of laws; Evidence.
| Cause Number | FSD 0128/2021 (RPJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Parker J |
| Parties | In the Matter of Sina Corporation - Judgment |
| Judgment Date | 2024-02-06 |
| Subject | s.238 appraisal proceedings-importance of discovery by the company-PRC law-majority of documents submitted for approval disclosed-remaining documents-breach-real risk of prosecution and serious sanction-expert evidence-US decisions -discretion-balancing exercise-probative value of documents which PRC authority refused to allow to be transferred out of the PRC-necessity for fair trial-independent China expert to review documents and opine on their importance to issues in the case in PRC-delay conduct of company-prejudice to dissenters-proposals by the company-disclosure of communications with PRC authorities in PRC-letters rogatory. Company law; Shareholder appraisal; Civil procedure; Conflict of laws; Evidence. |
| Filename (current) | 24-02-06-In-the-Matter-of-Sina-Corporation-FSD-128-of-2021-RPJ-Judgment.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Grand Court Rules - Vol I - Orders (subordinate) | — | 4 |
| Companies Act | 238 | 2 |
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