KOR HIN LUNG v. FUJISEIKO SAFE INDUSTRIAL CO. LTD. AND OTHERS

KOR HIN LUNG v. FUJISEIKO SAFE INDUSTRIAL CO. LTD. AND OTHERS

Leave to amend the petition was granted because the proposed new allegations were not bound to fail, the company had ceased trading reducing the risk of irremediable prejudice, and the court must adjudicate all issues properly placed before it while taking steps to protect its process.

Citation
KOR HIN LUNG v. FUJISEIKO SAFE INDUSTRIAL CO. LTD. AND OTHERS
Parties
Petitioner: Kor Hin Lung; 1st Respondent: FUJISEIKO SAFE INDUSTRIAL COMPANY LIMITED; 2nd Respondent: FUJI SEIKO COMPANY LIMITED; 3rd Respondent: FUJI SEIKO HONSHA COMPANY LIMITED; 4th Respondent: KAZUO ANADA; 5th Respondent: SHOICHI SAWAI; 6th Respondent: KENICHIRO YAMAGUCHI; 7th Respondent: KIYOHIKO YOKOI; 8th Respondent: TAKESHI FUJITA; 9th Respondent: FULLAND MANAGEMENT LIMITED; 10th Respondent: WONG HING CHEUNG; 11th Respondent: SHOICHI YAMAMOTO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 November 2000
Case Number
HCCW381/1999
Procedural Posture
Companies Winding Up Petition Under Companies Ordinance (s168 A; S177) / Application to Amend Petition Hearing and Ruling
Outcome
Leave to amend granted (with reluctance)
Legal Topics
Amendment of Petition, Just and Equitable Winding Up, Section 168 a Purchase of Shares, Accounting Irregularities, Diversion of Profits, Pleading Particulars
Source Language
EN
Company Law Insolvency and Winding Up Civil Procedure Corporate Governance Amendment of Petition Just and Equitable Winding Up Section 168 a Purchase of Shares Accounting Irregularities +2 more

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Parties

Kor Hin Lung

Petitioner

FUJISEIKO SAFE INDUSTRIAL COMPANY LIMITED

1st Respondent

FUJI SEIKO COMPANY LIMITED

2nd Respondent

FUJI SEIKO HONSHA COMPANY LIMITED

3rd Respondent

KAZUO ANADA

4th Respondent

SHOICHI SAWAI

5th Respondent

KENICHIRO YAMAGUCHI

6th Respondent

KIYOHIKO YOKOI

7th Respondent

TAKESHI FUJITA

8th Respondent

FULLAND MANAGEMENT LIMITED

9th Respondent

WONG HING CHEUNG

10th Respondent

SHOICHI YAMAMOTO

11th Respondent

Procedural Posture

Companies Winding Up Petition Under Companies Ordinance (s168 A; S177) / Application to Amend Petition Hearing and Ruling

Legal Issues

  1. 1 Whether leave should be granted to amend a petition to raise a new cause of action (diversion of profits)
  2. 2 Whether the proposed amendments are sufficiently particularised for a petition
  3. 3 Whether respondents would suffer prejudice not compensable by costs

Ratio Decidendi

Leave to amend the petition was granted because the proposed new allegations were not bound to fail, the company had ceased trading reducing the risk of irremediable prejudice, and the court must adjudicate all issues properly placed before it while taking steps to protect its process.

Court Disposition

Leave to amend granted (with reluctance)

Orders

  • Petitioner granted leave to amend the petition in accordance with the third draft served
  • Parties to be heard on ancillary orders including any necessary adjournment and costs