NAIBU (H.K.) INTERNATIONAL INVESTMENT LTD AND OTHERS v. THE REGISTRAR OF COMPANIES AND OTHERS

NAIBU (H.K.) INTERNATIONAL INVESTMENT LTD AND OTHERS v. THE REGISTRAR OF COMPANIES AND OTHERS

The court was satisfied on the material, including the Registrar's statement, that the ND4s and ND2A contained forged signatures and false information, that the Company would suffer material damage from retaining those entries on the Companies Register, and therefore under s42 the court granted the applicants' order to correct the Register as sought.

Citation
[2018] HKCFI 64
Parties
1st Applicant: NAIBU (H.K.) INTERNATIONAL INVESTMENT LIMITED; 2nd Applicant: STEPHEN WEN PING CHEUNG; 3rd Applicant: GILES RODERICK MCGREGOR ELLIOTT; 4th Applicant: DAVID ALBERT THOMAS; 1st Respondent: THE REGISTRAR OF COMPANIES; 2nd Respondent: LIN HUOYAN; 3rd Respondent: LIN ZHENZHI; 4th Respondent: LIN CONGDENG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 January 2018
Case Number
HCMP534/2016
Procedural Posture
S42 Companies Ordinance Application / Decision (in Chambers)
Outcome
Application granted
Legal Topics
Companies Register Correction, Forgery of Corporate Documents, Directorship, Statutory Filings
Source Language
EN
Company Law Civil Procedure Companies Register Correction Forgery of Corporate Documents Directorship Statutory Filings

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Parties

NAIBU (H.K.) INTERNATIONAL INVESTMENT LIMITED

1st Applicant

STEPHEN WEN PING CHEUNG

2nd Applicant

GILES RODERICK MCGREGOR ELLIOTT

3rd Applicant

DAVID ALBERT THOMAS

4th Applicant

THE REGISTRAR OF COMPANIES

1st Respondent

LIN HUOYAN

2nd Respondent

LIN ZHENZHI

3rd Respondent

LIN CONGDENG

4th Respondent

Procedural Posture

S42 Companies Ordinance Application / Decision (in Chambers)

Legal Issues

  1. 1 Whether the ND4 forms purporting to record resignation of directors were valid or contained forged signatures
  2. 2 Whether the ND2A form purporting to record appointment of a director contained false or invalid information
  3. 3 Whether the Court should order correction of the Companies Register under s42 of the Companies Ordinance to remove false entries

Ratio Decidendi

The court was satisfied on the material, including the Registrar's statement, that the ND4s and ND2A contained forged signatures and false information, that the Company would suffer material damage from retaining those entries on the Companies Register, and therefore under s42 the court granted the applicants' order to correct the Register as sought.

Court Disposition

Application granted

Orders

  • Order granted as sought in paragraph 31 of the applicants' written submissions as amended