TSANG, HOI WAH AVA, deceased AND ANOTHER v. WEALTHY TEAM DEVELOPMENT LTD

TSANG, HOI WAH AVA, deceased AND ANOTHER v. WEALTHY TEAM DEVELOPMENT LTD

Order 15 r.6A applies to enable the 2nd applicant to represent the deceased's estate in these originating summonses; s.570(2)(b) is satisfied because it is probable the 2nd applicant will become a member; accordingly the court can order the convening of EGMs, dispense with notice, treat the 2nd applicant's attendance as quorum and permit resolutions to appoint the 2nd applicant (or nominees) as additional directors.

Citation
TSANG, HOI WAH AVA, deceased AND ANOTHER v. WEALTHY TEAM DEVELOPMENT LTD
Parties
1st Applicant (deceased): TSANG, HOI WAH AVA; 2nd Applicant (on Behalf of Himself and the Other Dependants): KLOEDEN, DANIEL DIETER; Respondent (hcmp 1427/2017): Bancka Limited; Respondent (hcmp 1429/2017): Baccarat HK Trading Limited; Respondent (hcmp 1430/2017): First Impression Limited; Respondent (hcmp 1431/2017): Wealthy Team Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 October 2017
Case Number
HCMP1431/2017
Procedural Posture
Originating Summons Under Section 570 Companies Ordinance (cap 622) / Heard in Chambers and Decided (court of First Instance) on 4 October 2017
Outcome
Applications granted; orders made to enable convening of EGMs and appointment of additional directors with liberty to apply and no order as to costs
Legal Topics
Appointment of Directors, Convening of Extraordinary General Meetings, Letters of Administration, Carry on Order Procedure, Order 15 Rule 6 a RHC
Source Language
EN
Companies Law Probate and Estates Civil Procedure Appointment of Directors Convening of Extraordinary General Meetings Letters of Administration Carry on Order Procedure Order 15 Rule 6 a RHC

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Parties

TSANG, HOI WAH AVA

1st Applicant (deceased)

KLOEDEN, DANIEL DIETER

2nd Applicant (on Behalf of Himself and the Other Dependants)

Bancka Limited

Respondent (hcmp 1427/2017)

Baccarat HK Trading Limited

Respondent (hcmp 1429/2017)

First Impression Limited

Respondent (hcmp 1430/2017)

Wealthy Team Development Limited

Respondent (hcmp 1431/2017)

Procedural Posture

Originating Summons Under Section 570 Companies Ordinance (cap 622) / Heard in Chambers and Decided (court of First Instance) on 4 October 2017

Legal Issues

  1. 1 Whether the court can permit proceedings under section 570 to be advanced before Letters of Administration are obtained
  2. 2 Whether Order 15 r.6A of the Rules of the High Court applies to originating summonses to allow a 2nd applicant to represent a deceased's estate
  3. 3 Whether s.570(2)(b) is engaged when the applicant is not yet a registered member but will probably become one

Ratio Decidendi

Order 15 r.6A applies to enable the 2nd applicant to represent the deceased's estate in these originating summonses; s.570(2)(b) is satisfied because it is probable the 2nd applicant will become a member; accordingly the court can order the convening of EGMs, dispense with notice, treat the 2nd applicant's attendance as quorum and permit resolutions to appoint the 2nd applicant (or nominees) as additional directors.

Court Disposition

Applications granted; orders made to enable convening of EGMs and appointment of additional directors with liberty to apply and no order as to costs

Orders

  • 2nd applicant granted leave to represent the deceased's estate for the purposes of these proceedings
  • Applicant authorised to make substantive applications under section 570 for each company