CIBA INTERNATIONAL LTD v. TUNG KA HUNG AND OTHERS

CIBA INTERNATIONAL LTD v. TUNG KA HUNG AND OTHERS

Leave to further amend the petition to add the specified prayers was granted because the additional relief was arguable as within the scope of Section 168A(2) and the Court of Appeal has held that Section 168A petitions may, as a matter of jurisdiction and discretion, include claims overlapping with derivative...

Source-derived case information.

Citation
CIBA INTERNATIONAL LTD v. TUNG KA HUNG AND OTHERS
Parties
Petitioner: CIBA International Limited; 1st Respondent: Tung Ka Hung; 2nd Respondent: Wong Chi Sang Navis; 3rd Respondent: Ratonal Industrial Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 April 2004
Case Number
HCCW1193/2002
Procedural Posture
Companies Winding Up Proceedings / Section 168 a Petition / Interlocutory Application for Leave to Amend Petition (decision on Leave to Amend)
Outcome
Leave to further amend the petition granted.
Legal Topics
Section 168 a Companies Ordinance, Leave to Amend Petition, Derivative Action Vs Petition, Unfair Prejudice, Injunctive Relief, Disclosure and Account, Damages Inquiry
Source Language
en
Company Law Insolvency/winding Up Civil Procedure Section 168 a Companies Ordinance Leave to Amend Petition Derivative Action Vs Petition Unfair Prejudice Injunctive Relief +2 more

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Summary, issues, holding and outcome

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Parties

CIBA International Limited

Petitioner

Tung Ka Hung

1st Respondent

Wong Chi Sang Navis

2nd Respondent

Ratonal Industrial Limited

3rd Respondent

Procedural Posture

Companies Winding Up Proceedings / Section 168 a Petition / Interlocutory Application for Leave to Amend Petition (decision on Leave to Amend)

Legal Issues

  1. 1 Whether leave should be granted to amend the Section 168A petition to add prayers for injunctions, disclosure, inquiry into damages and payment of sums
  2. 2 Whether claims that overlap with derivative actions can be entertained in a Section 168A petition
  3. 3 Whether the proper party and proper form of action for the additional relief is a derivative action by the company

Ratio Decidendi

Leave to further amend the petition to add the specified prayers was granted because the additional relief was arguable as within the scope of Section 168A(2) and the Court of Appeal has held that Section 168A petitions may, as a matter of jurisdiction and discretion, include claims overlapping with derivative claims where the statutory criteria are met; the petitioner had already pleaded diversion of business within the petition.

Court Disposition

Leave to further amend the petition granted.

Orders

  • Leave granted to amend the petition to add prayers (3) to (6) as set out in the application dated 24 October 2003
  • Parties directed to restore the summons of 7 April 2003 for argument if they so wish