SHIEH SHIN JIU v. MAK SHIU KEI, JOHNNY and Another

SHIEH SHIN JIU v. MAK SHIU KEI, JOHNNY and Another

The court found on the evidence, including witness testimony and forensic examination of copies, that the instruments of transfer and bought and sold notes were signed by the Defendants showing consideration of $1 per share; consequently the transfers were binding and the Plaintiff was entitled to the relief sought, so the counterclaim was dismissed.

Citation
SHIEH SHIN JIU v. MAK SHIU KEI, JOHNNY and Another
Parties
Plaintiff (original); 1st Defendant (counterclaim): SHIEH SHIN JIU; 1st Defendant (original); 1st Plaintiff (counterclaim): MAK SHIU KEI, JOHNNY; 2nd Defendant (original); 2nd Plaintiff (counterclaim): MA SHUK HING; 2nd Defendant (counterclaim): CHANG BAO SHYA; 3rd Defendant (counterclaim): ZHENG YUAN ENTERPRISES CO. LTD.; 4th Defendant (counterclaim): ZHENG KONG ENTERPRISES CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 1997
Case Number
HCA9096/1991
Procedural Posture
Civil Company/shareholder Dispute / Trial Judgment Delivered
Outcome
Plaintiff's claim granted; counterclaim dismissed
Legal Topics
Share Transfer, Bought and Sold Notes, Forgery Allegations, Forensic Document Examination, Accounting for Profits, Directors' Duties
Source Language
EN
Company Law Contract Equity Evidence Tax Law Share Transfer Bought and Sold Notes Forgery Allegations +3 more

Case Brief

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Parties

SHIEH SHIN JIU

Plaintiff (original); 1st Defendant (counterclaim)

MAK SHIU KEI, JOHNNY

1st Defendant (original); 1st Plaintiff (counterclaim)

MA SHUK HING

2nd Defendant (original); 2nd Plaintiff (counterclaim)

CHANG BAO SHYA

2nd Defendant (counterclaim)

ZHENG YUAN ENTERPRISES CO. LTD.

3rd Defendant (counterclaim)

ZHENG KONG ENTERPRISES CO. LTD.

4th Defendant (counterclaim)

Procedural Posture

Civil Company/shareholder Dispute / Trial Judgment Delivered

Legal Issues

  1. 1 Whether there was a binding agreement for the Defendants to sell two shares to the Plaintiff for $1 each
  2. 2 Whether the instruments of transfer and bought and sold notes were signed by the Defendants or were forgeries
  3. 3 Whether the Defendants remain shareholders and are entitled to an account of profits following alleged transfer of business to another company

Ratio Decidendi

The court found on the evidence, including witness testimony and forensic examination of copies, that the instruments of transfer and bought and sold notes were signed by the Defendants showing consideration of $1 per share; consequently the transfers were binding and the Plaintiff was entitled to the relief sought, so the counterclaim was dismissed.

Court Disposition

Plaintiff's claim granted; counterclaim dismissed

Orders

  • Declaration that the transfers of the two shares by the Defendants to the Plaintiff for $1 each were valid and binding
  • Counterclaim dismissed