LO NGAN FUNG v. CARRYMAN INDUSTRIAL LTD. AND OTHERS

LO NGAN FUNG v. CARRYMAN INDUSTRIAL LTD. AND OTHERS

The striking out application was dismissed because the allegations relied on to show lack of clean hands raised factual disputes that could only be resolved after full hearing, and the petition's proprietary issues are distinct from matrimonial discretionary relief such that the petition is not plainly an abuse of process; accordingly the related amendment to add the 2nd Respondent was refused as the striking out application lacked merit.

Citation
LO NGAN FUNG v. CARRYMAN INDUSTRIAL LTD. AND OTHERS
Parties
Petitioner: Lo Ngan Fung; 1st Respondent: Carryman Industrial Limited; 2nd Respondent: Chun Woon Lam; 3rd Respondent: Wan Hon Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 October 2000
Case Number
HCCW393/2000
Procedural Posture
Companies Winding Up Proceedings / Interlocutory — Application to Strike Out Petition and Application to Amend (add 2nd Respondent)
Outcome
Both applications dismissed
Legal Topics
Unfairly Prejudicial Conduct, Just and Equitable Winding Up, Abuse of Process, Clean Hands Doctrine, Shareholding Dilution Dispute, Proprietary Rights, Stay of Proceedings
Source Language
EN
Company Law Family Law Civil Procedure Unfairly Prejudicial Conduct Just and Equitable Winding Up Abuse of Process Clean Hands Doctrine Shareholding Dilution Dispute +2 more

Case Brief

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Parties

Lo Ngan Fung

Petitioner

Carryman Industrial Limited

1st Respondent

Chun Woon Lam

2nd Respondent

Wan Hon Ming

3rd Respondent

Procedural Posture

Companies Winding Up Proceedings / Interlocutory — Application to Strike Out Petition and Application to Amend (add 2nd Respondent)

Legal Issues

  1. 1 Whether the winding-up petition should be struck out for lack of clean hands
  2. 2 Whether the petition is an abuse of process because it duplicates matrimonial ancillary relief (buying-out)
  3. 3 Whether the 2nd Respondent should be added as an applicant to the striking out application

Ratio Decidendi

The striking out application was dismissed because the allegations relied on to show lack of clean hands raised factual disputes that could only be resolved after full hearing, and the petition's proprietary issues are distinct from matrimonial discretionary relief such that the petition is not plainly an abuse of process; accordingly the related amendment to add the 2nd Respondent was refused as the striking out application lacked merit.

Court Disposition

Both applications dismissed

Orders

  • Application dated 20 June 2000 by 1st Respondent to strike out the petition dismissed
  • Application dated 14 October 2000 to amend the striking out application to add the 2nd Respondent dismissed