Harris, Jonathan Russell

Elliott International v BEA (0023) & others
HK Court of First Instance, 7-Sep-2018
Justice Jonathan Harris grants Elliott permission to publish the Points of Defence and the Points of Reply, in the interests of open justice. The broader question, in our view, is why, in the 21st century, are written submissions and other documents for open hearings not filed electronically and made available for free via the judiciary web site?
Elliott International v BEA (0023) & others
HK Court of First Instance, 28-Aug-2018
10 months after a hearing, Jonathan Harris orders discovery on both sides, including "documents recording Elliott’s strategy at the time of its investment".
Elliott International v BEA (0023) & others
HK Court of First Instance, 13-Jul-2018
Nearly 11 months after his decision, Jonathan Harris gives reasons for dismissing BEA's strike-out petition. Elliott claims that the share placements to SMBC and Caixa and voting undertakings were for an improper purpose, to entrench control of BEA by David Li and his family. BEA claims that Elliott has a collateral purpose, to facilitate a takeover of BEA. Our view: when shareholders seek to remedy an alleged wrong done by the board of their company, the benefits that flow from that are irrelevant. In corporate governance, boards are accountable to shareholders, not the reverse.
Re: China Lumena New Materials Corp
HK Court of First Instance, 7-Feb-2018
This statement of reasons for decision took over 10 months to produce.
Re Grande (0186)
HK Court of Appeal, 24-Nov-2015
ASM Hudson River Fund wins its appeal, reversing the ruling of Judge Jonathan Harris. The court of appeal rules that the debt purchased from Deutsche Bank, relating to interest rate swaps, is neither contingent nor unliquidated, and therefore ASM had voting rights at the meeting of creditors. The fund is run by Argyle Street Management Ltd.
Elliott companies v BEA (0023) and its directors
HK Court of First Instance, 5-Jun-2015
Damning stuff - the proposed subscription by SMBC was dealt with by a memorandum from the Chairman/CEO David Li on 1-Sep-2004, with "the signing of the memorandum, without discussion, by all directors indicating their approval". No board meeting until 14-Jan-2015. "Goldman Sachs were only engaged after Elliott began to object to the Proposed Subscription...I do not think it takes an especially skeptical turn of mind to suspect that the Board wanted to justify its earlier decision if at all possible" - Justice Jonathan Harris.
Re Grande (0186)
HK Court of First Instance, 9-Jan-2015

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