LAI CHI KEUNG v. WANG ZHIHUA AND ANOTHER

LAI CHI KEUNG v. WANG ZHIHUA AND ANOTHER

The court refused to strike out the three petitions in their entirety because, on the evidence before it, it was not plain and obvious that the petitions could not succeed and that conclusion could only properly be reached after trial; however the alternative prayer for winding-up was struck out because no sufficient factual basis was identified to justify including a winding-up order as an alternative to relief under s.168A.

Citation
LAI CHI KEUNG v. WANG ZHIHUA AND ANOTHER
Parties
Petitioner (hccw 186/2013): Lai Chi Keung; 1st Respondent (hccw 186/2013): Wang Zhihua; 1st Respondent (hccw 187 & 188/2013); 2nd Respondent (hccw 186/2013): China People (Hong Kong) Limited; Petitioner (hccw 187/2013): China Energy Industry Development Limited; Petitioner (hccw 188/2013): China Energy Utilization Limited; 2nd Respondent (identified in Proceedings): China Energy Industry Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 February 2014
Case Number
HCCW186/2013
Procedural Posture
Companies (winding Up) Proceedings (sections 168 a and 177(1)(f) Companies Ordinance) / Ruling on Summonses to Strike Out Petitions (in Chambers)
Outcome
Summonses to strike out petitions refused in part; prayer for winding-up struck out; applications to file additional evidence rejected.
Legal Topics
Duress, Strike Out, Winding Up Prayer, Disclosure of Company Documents, Costs
Source Language
EN
Company Law Insolvency Civil Procedure Duress Strike Out Winding Up Prayer Disclosure of Company Documents Costs

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Parties

Lai Chi Keung

Petitioner (hccw 186/2013)

Wang Zhihua

1st Respondent (hccw 186/2013)

China People (Hong Kong) Limited

1st Respondent (hccw 187 & 188/2013); 2nd Respondent (hccw 186/2013)

China Energy Industry Development Limited

Petitioner (hccw 187/2013)

China Energy Utilization Limited

Petitioner (hccw 188/2013)

China Energy Industry Development Limited

2nd Respondent (identified in Proceedings)

Procedural Posture

Companies (winding Up) Proceedings (sections 168 a and 177(1)(f) Companies Ordinance) / Ruling on Summonses to Strike Out Petitions (in Chambers)

Legal Issues

  1. 1 Whether petitions are scandalous, frivolous or vexatious and therefore should be struck out
  2. 2 Whether allegations of duress, false imprisonment and invalid board resolutions are sufficiently pleaded and evidenced to survive strike out
  3. 3 Whether the alternative prayer for a winding-up order should be struck out as unjustified

Ratio Decidendi

The court refused to strike out the three petitions in their entirety because, on the evidence before it, it was not plain and obvious that the petitions could not succeed and that conclusion could only properly be reached after trial; however the alternative prayer for winding-up was struck out because no sufficient factual basis was identified to justify including a winding-up order as an alternative to relief under s.168A.

Court Disposition

Summonses to strike out petitions refused in part; prayer for winding-up struck out; applications to file additional evidence rejected.

Orders

  • Application to strike out petitions in their entirety refused
  • Prayer for winding-up struck out from the petitions