Re Loyal Garment Ltd.

Re Loyal Garment Ltd.

The court exercised its discretion to adjourn the section 182 hearing to allow the directors to hold a ratification meeting rather than dismiss the application, and ordered that the costs of the day's hearing be paid by Messrs Pang, Wan & Choi because their failure to procure or give timely notice for ratification caused a wasted hearing.

Citation
Re Loyal Garment Ltd.
Parties
Petitioner (director): Molly Cheung; Company: Loyal Garment Limited; Company: Citiform Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 2000
Case Number
HCCW1107/1999
Procedural Posture
Companies Winding Up (validation Order Under S.182) / Chambers Ruling on Summons for Validation Order; Adjournment and Costs Decision
Outcome
Hearing adjourned; application not dismissed; costs of today's section 182 hearing awarded against Messrs Pang, Wan & Choi.
Legal Topics
Validation Order, Authority of Solicitors, Board Resolution and Notice, Ratification, Costs for Wasted Hearing
Source Language
EN
Company Law Civil Procedure Validation Order Authority of Solicitors Board Resolution and Notice Ratification Costs for Wasted Hearing

Case Brief

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 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Molly Cheung

Petitioner (director)

Loyal Garment Limited

Company

Citiform Limited

Company

Procedural Posture

Companies Winding Up (validation Order Under S.182) / Chambers Ruling on Summons for Validation Order; Adjournment and Costs Decision

Legal Issues

  1. 1 Whether Messrs Pang, Wan & Choi were validly authorised to act for the companies
  2. 2 Whether the board resolution and affirmation by Mr Hung was validly passed with proper notice to directors
  3. 3 Whether the court should dismiss the section 182 application or adjourn to allow ratification

Ratio Decidendi

The court exercised its discretion to adjourn the section 182 hearing to allow the directors to hold a ratification meeting rather than dismiss the application, and ordered that the costs of the day's hearing be paid by Messrs Pang, Wan & Choi because their failure to procure or give timely notice for ratification caused a wasted hearing.

Court Disposition

Hearing adjourned; application not dismissed; costs of today's section 182 hearing awarded against Messrs Pang, Wan & Choi.

Orders

  • Adjourn the hearing to a date not before 7 days from 12 June 2000
  • Order that the costs of the hearing on 12 June 2000 of the section 182 application be borne by Messrs Pang, Wan & Choi