CHEN YUNG NGAI KENNETH AND ANOTHER v. HO YUK WAH DAVID (A BANKRUPT) AND OTHERS

CHEN YUNG NGAI KENNETH AND ANOTHER v. HO YUK WAH DAVID (A BANKRUPT) AND OTHERS

Ng J's earlier order directing Gladius to transfer the shares was a judgment within s25A; Gladius failed to comply and could not be made to act despite reasonable steps and service; the statutory conditions of s25A were satisfied; therefore the court properly nominated Lam Siu Sun Dennis of Lee, Wong & Lam to execute all necessary documents to transfer Gladius' shareholdings in D6 and D9 to the Plaintiffs and awarded costs of HKD 50,000.

Citation
[2023] HKCFI 2625
Parties
Plaintiffs (trustees in Bankruptcy of 1st Defendant): CHEN YUNG NGAI KENNETH and CHAN MEI MEI; 1st Defendant (a Bankrupt): HO YUK WAH DAVID; 2nd Defendant: GLADIUS LIMITED; 3rd Defendant: ONTRADE PROPERTIES LIMITED; 4th Defendant: KING OCEAN DEVELOPMENT INC.; 5th Defendant: ASIA-PAC GROUP INVESTMENTS LIMITED; 6th Defendant: ASIA-PAC INFRASTRUCTURE DEVELOPMENT LIMITED; 7th Defendant (discontinued): ASIA-PAC PACIFIC REGION PROPERTIES (HOLDINGS) LIMITED; 8th Defendant: GRAND ASIA CAPITAL SERVICES LIMITED; 9th Defendant: PACIFIC SHINE LIMITED; 10th Defendant: SPARKLE LANES LIMITED; 11th Defendant: TSUN KING GROUP LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 October 2023
Case Number
HCA971/2012
Procedural Posture
Civil Action (company/share Transfer) / Interlocutory Summons Under Section 25 a High Court Ordinance (cap 4)
Outcome
Summons granted under section 25A Cap 4; partner Lam Siu Sun Dennis of Lee, Wong & Lam directed to execute all documents necessary to transfer D2's shareholding in D6 and D9 to the Plaintiffs; costs awarded to Plaintiffs.
Legal Topics
Execution of Documents by Court Nominee, Restoration of Company, Enforcement of Court Order, Costs
Source Language
EN
Company Law Insolvency Civil Procedure Equity Execution of Documents by Court Nominee Restoration of Company Enforcement of Court Order Costs

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Parties

CHEN YUNG NGAI KENNETH and CHAN MEI MEI

Plaintiffs (trustees in Bankruptcy of 1st Defendant)

HO YUK WAH DAVID

1st Defendant (a Bankrupt)

GLADIUS LIMITED

2nd Defendant

ONTRADE PROPERTIES LIMITED

3rd Defendant

KING OCEAN DEVELOPMENT INC.

4th Defendant

ASIA-PAC GROUP INVESTMENTS LIMITED

5th Defendant

ASIA-PAC INFRASTRUCTURE DEVELOPMENT LIMITED

6th Defendant

ASIA-PAC PACIFIC REGION PROPERTIES (HOLDINGS) LIMITED

7th Defendant (discontinued)

GRAND ASIA CAPITAL SERVICES LIMITED

8th Defendant

PACIFIC SHINE LIMITED

9th Defendant

SPARKLE LANES LIMITED

10th Defendant

TSUN KING GROUP LIMITED

11th Defendant

Procedural Posture

Civil Action (company/share Transfer) / Interlocutory Summons Under Section 25 a High Court Ordinance (cap 4)

Legal Issues

  1. 1 Whether Ng J's order constituted a judgment directing Gladius to execute share transfer documents for D6 and D9
  2. 2 Whether the conditions in section 25A High Court Ordinance (neglect/refusal or cannot be found) were satisfied
  3. 3 Whether the court should nominate a person to execute documents on behalf of Gladius

Ratio Decidendi

Ng J's earlier order directing Gladius to transfer the shares was a judgment within s25A; Gladius failed to comply and could not be made to act despite reasonable steps and service; the statutory conditions of s25A were satisfied; therefore the court properly nominated Lam Siu Sun Dennis of Lee, Wong & Lam to execute all necessary documents to transfer Gladius' shareholdings in D6 and D9 to the Plaintiffs and awarded costs of HKD 50,000.

Court Disposition

Summons granted under section 25A Cap 4; partner Lam Siu Sun Dennis of Lee, Wong & Lam directed to execute all documents necessary to transfer D2's shareholding in D6 and D9 to the Plaintiffs; costs awarded to Plaintiffs.

Orders

  • Lam Siu Sun Dennis (partner, Lee, Wong & Lam) to take all steps and execute all documents necessary to transfer D2's shareholding in D6 to the Plaintiffs pursuant to s25A High Court Ordinance (Cap 4)
  • Lam Siu Sun Dennis (partner, Lee, Wong & Lam) to take all steps and execute all documents necessary to transfer D2's shareholding in D9 to the Plaintiffs pursuant to s25A High Court Ordinance (Cap 4)