LUI YUEN SZE v. CHANG CHING YUEN AND ANOTHER

LUI YUEN SZE v. CHANG CHING YUEN AND ANOTHER

The court held that Yuen J's order for return of 'all company documents, chops and seal' encompassed the proper books of account of the company and its subsidiaries and the company kit; the 1st respondent had not complied; rather than immediate contempt/unless order the court granted a final 28-day period to deliver...

Source-derived case information.

Citation
LUI YUEN SZE v. CHANG CHING YUEN AND ANOTHER
Parties
Petitioner: Lui Yuen Sze; 1st Respondent: Chang Ching Yuen; 2nd Respondent: Fareast Realty Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 June 2002
Case Number
HCMP4823/2001
Procedural Posture
Company Petition Under Section 168 a of the Companies Ordinance (cap.32) / Application for Unless Order / Enforcement of Return Order (hearing)
Outcome
Application for an unless order not granted immediately; court ordered delivery of specified documents within fixed deadlines and mandatory affirmations; costs to petitioner in any event.
Legal Topics
Section 168 a Companies Ordinance, Return of Company Documents, Books of Account, Company Seal, Unless Order, Disclosure/compliance
Source Language
en
Company Law Civil Procedure Evidence Section 168 a Companies Ordinance Return of Company Documents Books of Account Company Seal Unless Order +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lui Yuen Sze

Petitioner

Chang Ching Yuen

1st Respondent

Fareast Realty Development Limited

2nd Respondent

Procedural Posture

Company Petition Under Section 168 a of the Companies Ordinance (cap.32) / Application for Unless Order / Enforcement of Return Order (hearing)

Legal Issues

  1. 1 Whether Yuen J's order requiring return of 'all company documents, chops and seal' included books of account of the company and its subsidiaries and the company kit
  2. 2 Whether the 1st respondent complied with the order
  3. 3 Whether an unless order should be made for non-compliance

Ratio Decidendi

The court held that Yuen J's order for return of 'all company documents, chops and seal' encompassed the proper books of account of the company and its subsidiaries and the company kit; the 1st respondent had not complied; rather than immediate contempt/unless order the court granted a final 28-day period to deliver the specified documents and 14 days to file detailed affirmations regarding missing items, and ordered costs to the petitioner in any event.

Court Disposition

Application for an unless order not granted immediately; court ordered delivery of specified documents within fixed deadlines and mandatory affirmations; costs to petitioner in any event.

Orders

  • 1st respondent to return to the Company Secretary the books of account of the Company, FRD and WRD and any other documents kept by her as stated in paragraph 28 of her first affirmation within 28 days for retention at the registered office
  • 1st respondent to file and serve an affirmation within 14 days deposing to specified matters relating to the common seal, register of members, minute book and other documents she had taken into her possession