In Cheong v. Noble China, the applicant sought an order enjoining Noble China from proceeding with its annual meeting until a revised management proxy circular was distributed to shareholders. The applicant alleged the management proxy circular contained misstatements and omissions. While the circular was inaccurate, Blair J. concluded that what was really at issue was a bitter battle between a private shareholder and the company, and not something of importance to the shareholders as a group. He concluded that the court was not justified in exercising its discretion to restrain the annual meeting or grant the other relief sought.
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