EMINENT INVESTMENTS (ASIA PACIFIC) LIMITED V. DIO CORPORATION

[2020] HKCFA 38 Court of Final Appeal 3 December 2020 • FACV3/2020 • 42 min read
26 cases cited (0 HK, 26 foreign) Cited by 5 cases

Outcome

Appeal dismissed

the appeal was unanimously dismissed with costs.

Source: [2020] HKCFA 38, Court of Final Appeal, decided 3 December 2020. Read directly from the judgment.

Judges (5)

Counsel (6)

Parties (2)

Case Significance

Eminent Investments (Asia Pacific) Limited v. Dio Corporation [2020] HKCFA 38 is a Court of Final Appeal decision from December 2020 concerning the Securities and Futures Ordinance. The court's disposition states that 'the appeal was unanimously dismissed with costs.' The decision has been cited across a range of subsequent Court of Appeal, Court of First Instance and District Court judgments, including Norman Guy Donald and Another v. Lee Michael Chak Chuen in His Capacity as Executor of the Estate of Li Pak Iu and Others [2024] HKCA 403, Ming Yang Capital Ltd v. China Vered Asset Management (Hong Kong) Ltd and Another [2024] HKCFI 1444, Craft Bamboo Holdings Ltd v. Richard Paul Coleman and Another [2024] HKCFI 1509, MG Charter Ltd v. Beijing Caissa International Travel Service Co, Ltd [2025] HKCA 1129, and QBE Hongkong & Shanghai Insurance Ltd v. Sinocity Industries Ltd [2025] HKDC 1849.

Summary

A financial adviser, Eminent Investments, claimed a success fee from DIO Corporation for a fundraising transaction entered into after the advisory agreement had expired. The key issue was whether an implied term entitled the adviser to a fee for transactions completed after termination of the retainer. The appeal was dismissed, with the Court finding no entitlement to the success fee.

What was the outcome in Eminent Investments (Asia Pacific) Limited v. Dio Corporation ([2020] HKCFA 38)?

Eminent Investments (Asia Pacific) Limited v. Dio Corporation [2020] HKCFA 38 is a December 2020 Court of Final Appeal ruling on the Securities and Futures Ordinance; the court held that 'the appeal was unanimously dismissed with costs.'

What subject matter does Eminent Investments (Asia Pacific) Limited v. Dio Corporation address ([2020] HKCFA 38)?

Eminent Investments (Asia Pacific) Limited v. Dio Corporation [2020] HKCFA 38 is a Court of Final Appeal ruling touching on the Securities and Futures Ordinance, decided in December 2020 with the appeal dismissed and costs awarded against the appellant.

Which later cases cite Eminent Investments (Asia Pacific) Limited v. Dio Corporation ([2020] HKCFA 38)?

Later judgments citing Eminent Investments (Asia Pacific) Limited v. Dio Corporation [2020] HKCFA 38 include Ming Yang Capital Ltd v. China Vered Asset Management (Hong Kong) Ltd and Another [2024] HKCFI 1444 and Craft Bamboo Holdings Ltd v. Richard Paul Coleman and Another [2024] HKCFI 1509.

Statutes Cited

Cases Cited (26)

UK (20)
[1941] AC 108 [1971] 1 WLR 1381 [1998] 1 WLR 896 [2002] 1 AC 251 [2008] 1 WLR 909 [2008] EWCA Civ 26 [2008] EWCA Civ 419 [2009] EWHC 121 [2009] EWHC 713 [2009] UKSC 2 [2010] 1 All ER 571 [2010] EWHC 676 [2011] 1 WLR 2900 [2011] UKSC 50 [2014] EWHC 1282 [2014] EWHC 2165 [2015] AC 1619 [2015] UKSC 36 [2017] AC 1173 [2017] UKSC 24
HK (6)
(1999) 2 HKCFAR 279 (2005) 8 HKCFAR 95 (2012) 15 HKCFAR 120 (2013) 16 HKCFAR 351 (2013) 16 HKCFAR 632 [2019] HKCA 606

Cited By (5)

Citation influence

HKLII records this judgment as cited by 56 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

Related cases

Other Hong Kong judgments involving the same parties or counsel.

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2020] HKCFA 38)