MA PO CHIM, PERCY AND OTHERS v. LEE TUNG HAI, LEO AND OTHERS

MA PO CHIM, PERCY AND OTHERS v. LEE TUNG HAI, LEO AND OTHERS

The court granted the application because it had jurisdiction under the consent order's liberty to apply and Order 15 r.6(2)(b) and because facts demonstrated a real risk to the integrity of the electoral process (resignations of convenors, factional mistrust, significant discrepancies in the members register);...

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Citation
MA PO CHIM, PERCY AND OTHERS v. LEE TUNG HAI, LEO AND OTHERS
Parties
Applicant / Proposed 4th Respondent: Mo Loong Kwong; Applicant / Proposed 5th Respondent: Lee Dai Chung; Applicant / Proposed 6th Respondent: Yuen Cho Mo; 1st Petitioner: Ma Po Chim Percy; 1st Respondent: 1st Respondent; 2nd Respondent: 2nd Respondent; 3rd Respondent: Chungshan Commercial Association, Hong Kong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 February 2006
Case Number
HCMP3253/2004
Procedural Posture
Miscellaneous Proceedings (hcmp 3253/2004) / Interlocutory Application Under Order 15 R.6(2)(b) and Liberty to Apply
Outcome
Application granted in part.
Legal Topics
Joinder of Parties, Enforcement of Consent Order, Appointment of Independent Professionals, Verification of Members Register, Adjournment of General Meeting, Costs
Source Language
en
Company Law Civil Procedure Joinder of Parties Enforcement of Consent Order Appointment of Independent Professionals Verification of Members Register Adjournment of General Meeting Costs

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Parties

Mo Loong Kwong

Applicant / Proposed 4th Respondent

Lee Dai Chung

Applicant / Proposed 5th Respondent

Yuen Cho Mo

Applicant / Proposed 6th Respondent

Ma Po Chim Percy

1st Petitioner

1st Respondent

1st Respondent

2nd Respondent

2nd Respondent

Chungshan Commercial Association, Hong Kong

3rd Respondent

Procedural Posture

Miscellaneous Proceedings (hcmp 3253/2004) / Interlocutory Application Under Order 15 R.6(2)(b) and Liberty to Apply

Legal Issues

  1. 1 Whether applicants have locus to be added as parties to enforce the consent Order
  2. 2 Whether the court may appoint independent professionals to replace the Preparatory Working Committee
  3. 3 Whether the extraordinary general meeting should be adjourned pending verification of the members register

Ratio Decidendi

The court granted the application because it had jurisdiction under the consent order's liberty to apply and Order 15 r.6(2)(b) and because facts demonstrated a real risk to the integrity of the electoral process (resignations of convenors, factional mistrust, significant discrepancies in the members register); accordingly independent professionals were necessary to verify membership and prepare the candidate list, the applicants were properly added as parties to protect implementation of the Order, the time for the work was extended to 30 April 2006 and the meeting was adjourned to not later than 1 June 2006, with costs of the applicants to be borne by the 3rd respondent.

Court Disposition

Application granted in part.

Orders

  • Leave granted to add the applicants as parties by naming them as the 4th, 5th and 6th respondents respectively.
  • Horwath Corporate Advisory Services Limited appointed to replace the Preparatory Working Committee to carry out the functions in paragraph (3) of the Order dated 7 November 2005 and time for carrying out such work extended to 30 April 2006.