TSOI CHIK SANG LAWRENCE v. TASTY CATERING GROUP LTD AND OTHERS

TSOI CHIK SANG LAWRENCE v. TASTY CATERING GROUP LTD AND OTHERS

Conversion summons dismissed because the matters before the court are primarily questions of law confined to the narrow scope of the originating summons and there is no demonstrated need for full writ procedure or extensive factual inquiry; interim relief to reactivate the frozen bank account was granted on tailored...

Source-derived case information.

Citation
[2019] HKCFI 82
Parties
Plaintiff (in His Personal Capacity and as Administrator of the Estate of Choi Chong Ip, Deceased): Tsoi Chik Sang Lawrence; 1st Defendant: Tasty Catering Group Limited; 2nd Defendant: Federal Management Limited; 3rd Defendant: Fonduet Industrial Limited; 4th Defendant: Hang Heung Cake Shop Company Limited; 5th Defendant: Yip Tai Him; 6th Defendant: Li Kwok Tung; 7th Defendant: Wong Wai Hang Ricky; 8th Defendant: Wong Wai Hung; 9th Defendant: Cheng Hung Kung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 November 2018
Case Number
HCMP823/2018
Procedural Posture
Originating Summons Re Validity of EGM and Interlocutory Applications / Interlocutory Decision on Conversion Summons and Interim Injunction; OS Fixed for Hearing 30 January 2019; Return Date for Injunction 21 November 2018
Outcome
Conversion summons dismissed; interim injunction measures granted to reactivate the Company’s BOC account on terms; unless order made for filing of affirmation in reply; costs of conversion summons to defendants
Legal Topics
Validity of General Meeting (egm), Requisition of Meeting and Special Notice, Conversion of Originating Summons to Writ, Interim Injunction to Unfreeze Bank Accounts, Authority for Cheque Signing and Interim Finance, Share Ownership Disputes
Source Language
en
Company Law Civil Procedure Banking Law Employment Law Validity of General Meeting (egm) Requisition of Meeting and Special Notice Conversion of Originating Summons to Writ Interim Injunction to Unfreeze Bank Accounts +2 more

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Parties

Tsoi Chik Sang Lawrence

Plaintiff (in His Personal Capacity and as Administrator of the Estate of Choi Chong Ip, Deceased)

Tasty Catering Group Limited

1st Defendant

Federal Management Limited

2nd Defendant

Fonduet Industrial Limited

3rd Defendant

Hang Heung Cake Shop Company Limited

4th Defendant

Yip Tai Him

5th Defendant

Li Kwok Tung

6th Defendant

Wong Wai Hang Ricky

7th Defendant

Wong Wai Hung

8th Defendant

Cheng Hung Kung

9th Defendant

Procedural Posture

Originating Summons Re Validity of EGM and Interlocutory Applications / Interlocutory Decision on Conversion Summons and Interim Injunction; OS Fixed for Hearing 30 January 2019; Return Date for Injunction 21 November 2018

Legal Issues

  1. 1 Whether proper requisition and special notices were given for the EGM
  2. 2 Whether sections 462, 566, 568 and 574 of the Companies Ordinance were complied with
  3. 3 Whether disputed shareholder status of D1 and D2 affects requisition and voting rights

Ratio Decidendi

Conversion summons dismissed because the matters before the court are primarily questions of law confined to the narrow scope of the originating summons and there is no demonstrated need for full writ procedure or extensive factual inquiry; interim relief to reactivate the frozen bank account was granted on tailored terms because there are serious issues to be tried and the balance of convenience favours limited interim measures to prevent irreparable damage to the company.

Court Disposition

Conversion summons dismissed; interim injunction measures granted to reactivate the Company’s BOC account on terms; unless order made for filing of affirmation in reply; costs of conversion summons to defendants

Orders

  • Conversion summons dismissed
  • Unless order: plaintiff to file and serve affirmation in reply in originating summons by 4pm on 26 November 2018 or be barred from doing so