YEUNG MEI LEE, in her capacity as the Joint and Several Receiver and Manager over entire issued shares of Forever Winner International Development Limited who acts without personal liability v. FOREVER WINNER INTERNATIONAL DEVELOPMENT LTD

YEUNG MEI LEE, in her capacity as the Joint and Several Receiver and Manager over entire issued shares of Forever Winner International Development Limited who acts without personal liability v. FOREVER WINNER INTERNATIONAL DEVELOPMENT LTD

Because the defendant failed to comply with the 16 December 2020 orders to register the transfer of 1,534,825,952 shares and to issue share certificate(s), and the defendant did not attend or oppose the application, the court granted the summons dated 30 July 2024 and appointed a person (Mr Chung Ching Yin) to carry out the orders of 16 December 2020 to effect registration and issuance of share certificate(s).

Citation
[2024] HKCFI 2784
Parties
Joint and Several Receiver and Manager Over the Entire Issued Shares of Forever Winner International Development Limited (acts Without Personal Liability): Yeung Mei Lee; One of the Joint and Several Receiver and Manager Over the Entire Issued Shares of Forever Winner International Development Limited (acts Without Personal Liability): Ho Man Kit; Defendant (registered Company): Forever Winner International Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 September 2024
Case Number
HCMP2181/2020
Procedural Posture
Miscellaneous Proceedings Under the Companies Ordinance (cap 622) Ss152 and 633 / Application (summons Dated 30 July 2024) to Appoint Person to Carry Out Prior Court Order; Decision in Chambers (27 September 2024)
Outcome
Summons dated 30 July 2024 granted; order made appointing Mr Chung Ching Yin to carry out the orders of 16 December 2020 due to defendant's non-compliance and non-attendance.
Legal Topics
Share Transfer Registration, Enforcement of Court Orders, Appointment to Carry Out Orders, Share Certificates
Source Language
EN
Company Law Receivership Court Enforcement Share Transfer Registration Enforcement of Court Orders Appointment to Carry Out Orders Share Certificates

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Parties

Yeung Mei Lee

Joint and Several Receiver and Manager Over the Entire Issued Shares of Forever Winner International Development Limited (acts Without Personal Liability)

Ho Man Kit

One of the Joint and Several Receiver and Manager Over the Entire Issued Shares of Forever Winner International Development Limited (acts Without Personal Liability)

Forever Winner International Development Limited

Defendant (registered Company)

Procedural Posture

Miscellaneous Proceedings Under the Companies Ordinance (cap 622) Ss152 and 633 / Application (summons Dated 30 July 2024) to Appoint Person to Carry Out Prior Court Order; Decision in Chambers (27 September 2024)

Legal Issues

  1. 1 Whether the court should appoint a person to carry out the orders of 16 December 2020 following non-compliance by the defendant
  2. 2 Whether the defendant should be compelled to register the transfer of 1,534,825,952 shares and issue share certificates as ordered
  3. 3 Whether to make an order in terms of the summons dated 30 July 2024

Ratio Decidendi

Because the defendant failed to comply with the 16 December 2020 orders to register the transfer of 1,534,825,952 shares and to issue share certificate(s), and the defendant did not attend or oppose the application, the court granted the summons dated 30 July 2024 and appointed a person (Mr Chung Ching Yin) to carry out the orders of 16 December 2020 to effect registration and issuance of share certificate(s).

Court Disposition

Summons dated 30 July 2024 granted; order made appointing Mr Chung Ching Yin to carry out the orders of 16 December 2020 due to defendant's non-compliance and non-attendance.

Orders

  • Summons dated 30 July 2024 granted.
  • Order appointing Mr Chung Ching Yin to carry out the orders of 16 December 2020 (which ordered the defendant to register the transfer of 1,534,825,952 shares to the plaintiff and to register the plaintiff as the registered shareholder and issue share certificate(s)).