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Published online by Cambridge University Press: 26 March 2015
DIRECTORS owe their company a duty to act bona fide in the company's interests. When the company is insolvent, directors must consider the interests of creditors. The content of this duty, however, has never been clearly articulated. In particular, is a director in breach of his duty if he prefers one creditor to another? In Moulin Global Eyecare Holdings Ltd. v Olivia Lee Sin Mei (2014) 17 H.K.C.F.A.R. 466, Gummow N.P.J., sitting in the Hong Kong Court of Final Appeal, answered this question in the affirmative. This note (1) outlines the facts in Moulin; (2) considers the case law and the nature of the duty; and (3) compares the duty with the statutory preference provisions.