JABRIN LTD v. UNLONG TUNG YICK LAND INVESTMENT CO LTD

JABRIN LTD v. UNLONG TUNG YICK LAND INVESTMENT CO LTD

The court held that Jabrin Limited was entitled to be on the register (or entitled to registration) because directors had not validly or timely exercised any veto; the ex‑parte stay obtained by the Applicants was discharged for suppression of material facts; the Applicants' motions for rectification and to deny locus standi were dismissed; and a receiver and manager (Mr. Roland K.C. Chow) was appointed to protect the company and property given dereliction of management and imminent risk to the in‑situ exchange transaction.

Citation
JABRIN LTD v. UNLONG TUNG YICK LAND INVESTMENT CO LTD
Parties
Plaintiff/3rd Respondent in Related Proceedings: Jabrin Limited; Defendant/1st Respondent: Unlong Tung Yick Land Investment Co. Ltd.; Applicants: Lo Kam-pang and others; Directors/3rd Respondents: Chan Wai-to and others
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 October 1980
Case Number
HCA5074/1980
Procedural Posture
Company Law and Related Civil Proceedings / Hearing of Multiple Interlocutory Applications (appointments, Rectification, Stays)
Outcome
Applicants' notices of motion dismissed; interlocutory stay discharged; Jabrin Limited's applications granted; Receiver appointed; costs awarded to successful parties
Legal Topics
Rectification of Register of Members, Court‑ordered General Meeting (s.114 Companies Ordinance), Appointment of Receiver and Manager, Locus Standi to Apply for Court Relief, Interim Relief and Ex‑parte Orders, Suppression of Material Facts
Source Language
EN
Company Law Equity Civil Procedure Insolvency/receivership Rectification of Register of Members Court‑ordered General Meeting (s.114 Companies Ordinance) Appointment of Receiver and Manager Locus Standi to Apply for Court Relief +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jabrin Limited

Plaintiff/3rd Respondent in Related Proceedings

Unlong Tung Yick Land Investment Co. Ltd.

Defendant/1st Respondent

Lo Kam-pang and others

Applicants

Chan Wai-to and others

Directors/3rd Respondents

Procedural Posture

Company Law and Related Civil Proceedings / Hearing of Multiple Interlocutory Applications (appointments, Rectification, Stays)

Legal Issues

  1. 1 Whether transferees (Jabrin Ltd) should be removed from the register under s.100 (rectification)
  2. 2 Whether Jabrin Ltd had locus standi to apply under s.114(2) for a court‑ordered meeting
  3. 3 Whether an ex‑parte stay should be discharged for suppression of material facts

Ratio Decidendi

The court held that Jabrin Limited was entitled to be on the register (or entitled to registration) because directors had not validly or timely exercised any veto; the ex‑parte stay obtained by the Applicants was discharged for suppression of material facts; the Applicants' motions for rectification and to deny locus standi were dismissed; and a receiver and manager (Mr. Roland K.C. Chow) was appointed to protect the company and property given dereliction of management and imminent risk to the in‑situ exchange transaction.

Court Disposition

Applicants' notices of motion dismissed; interlocutory stay discharged; Jabrin Limited's applications granted; Receiver appointed; costs awarded to successful parties

Orders

  • Dismissal of Applicants' Notices of Motion in HCMP 712/80 with costs
  • Dismissal of summons for stay in HCMP 589/80 with costs