CHEUNG HING v. SIDEPEC INTERNATIONAL LTD AND ANOTHER

CHEUNG HING v. SIDEPEC INTERNATIONAL LTD AND ANOTHER

No proper instrument of transfer was produced and there was no evidence to contradict the Plaintiff's denial of execution of any transfer documents; therefore the purported transfer was unlawful and the register must be rectified. There was no basis to grant a stay pending HCA 829/2010 or its appeal given lack of...

Source-derived case information.

Citation
CHEUNG HING v. SIDEPEC INTERNATIONAL LTD AND ANOTHER
Parties
Plaintiff: Cheung Hing; 1st Defendant: Sidepec International Limited; 2nd Defendant: Wah Fung Forest Resources Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 2014
Case Number
HCMP3460/2013
Procedural Posture
Rectification of Register of Members Under Companies Ordinance S100 / Decision on Originating Summons (first Instance)
Outcome
Judgment for Plaintiff; rectification of register ordered; stay application dismissed.
Legal Topics
Rectification of Register of Members, Share Transfer, Stay of Proceedings, Costs (indemnity)
Source Language
en
Company Law Civil Procedure Equity Rectification of Register of Members Share Transfer Stay of Proceedings Costs (indemnity)

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Parties

Cheung Hing

Plaintiff

Sidepec International Limited

1st Defendant

Wah Fung Forest Resources Limited

2nd Defendant

Procedural Posture

Rectification of Register of Members Under Companies Ordinance S100 / Decision on Originating Summons (first Instance)

Legal Issues

  1. 1 Whether the register should be rectified by striking out Sidepec's registration and restoring the Plaintiff as holder of 456 shares
  2. 2 Whether a proper instrument of transfer was delivered to the company in compliance with s66 Companies Ordinance
  3. 3 Whether a stay pending determination or appeal of HCA 829/2010 was justified

Ratio Decidendi

No proper instrument of transfer was produced and there was no evidence to contradict the Plaintiff's denial of execution of any transfer documents; therefore the purported transfer was unlawful and the register must be rectified. There was no basis to grant a stay pending HCA 829/2010 or its appeal given lack of relevant grounds and absence of evidence from Sidepec; accordingly judgment entered for Plaintiff and indemnity costs awarded against the defendants.

Court Disposition

Judgment for Plaintiff; rectification of register ordered; stay application dismissed.

Orders

  • Rectify the register of members of Wah Fung Forest Resources Limited by striking out the name of Sidepec International Limited and restoring Cheung Hing as holder of 456 shares.
  • Judgment entered for the Plaintiff against Sidepec International Limited and Wah Fung Forest Resources Limited as per the reliefs sought in the Originating Summons.