RE TSUN TAT STATIONERY MANUFACTORY LTD

RE TSUN TAT STATIONERY MANUFACTORY LTD

Where the court is satisfied that it is impracticable to convene a general meeting in accordance with the articles and there are good reasons, it may order that a meeting be convened with alternative quorum rules; here those conditions were met and the court ordered that the applicant's attendance alone shall constitute a quorum.

Citation
RE TSUN TAT STATIONERY MANUFACTORY LTD
Parties
Applicant; 50% Shareholder and Director: Yip Man Sing; Respondent; Company: Tsun Tat Stationery Manufactory Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 April 2005
Case Number
HCMP631/2005
Procedural Posture
Section 114 B Companies Ordinance Application / Decision in Chambers (interlocutory Relief)
Outcome
Application granted (interlocutory relief under s.114B granted)
Legal Topics
Appointment of Directors, General Meeting Quorum, Articles of Association, Section 114 B Companies Ordinance, Relief to Convene Meetings
Source Language
EN
Company Law Corporate Governance Civil Procedure Appointment of Directors General Meeting Quorum Articles of Association Section 114 B Companies Ordinance Relief to Convene Meetings

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Parties

Yip Man Sing

Applicant; 50% Shareholder and Director

Tsun Tat Stationery Manufactory Limited

Respondent; Company

Procedural Posture

Section 114 B Companies Ordinance Application / Decision in Chambers (interlocutory Relief)

Legal Issues

  1. 1 Whether it is impracticable to convene a general meeting in the manner prescribed by the articles
  2. 2 Whether the court should order that the attendance of the applicant alone be deemed a quorum
  3. 3 Whether there are good reasons for dispensing with the articles' quorum requirement in the circumstances

Ratio Decidendi

Where the court is satisfied that it is impracticable to convene a general meeting in accordance with the articles and there are good reasons, it may order that a meeting be convened with alternative quorum rules; here those conditions were met and the court ordered that the applicant's attendance alone shall constitute a quorum.

Court Disposition

Application granted (interlocutory relief under s.114B granted)

Orders

  • A general meeting of Tsun Tat Stationery Manufactory Limited shall be held with the attendance of Mr Yip Man Sing alone to be deemed to constitute a quorum.
  • No order as to costs.