CHEN SHENG KUEI also known as ARISTO CHEN v. FULLY HONG KONG LTD AND OTHERS

CHEN SHENG KUEI also known as ARISTO CHEN v. FULLY HONG KONG LTD AND OTHERS

On the balance of convenience and fairness, and given the narrowed and potentially dispositive scope of the HCMP, the court exercised its case management powers to grant a short stay of the HCA pending determination of a substantive one-day argument in the HCMP and issued directions for evidence and setting down, thereby conserving resources and avoiding duplicative litigation.

Citation
[2020] HKCFI 1518
Parties
Plaintiff (hcmp 2174/2017); 2nd Defendant (hca 735/2019): CHEN PAO-TZU (陳保慈); 1st Defendant (hcmp 2174/2017); Plaintiff (hca 735/2019): CHEN SHENG KUEI (陳生貴); 2nd Defendant (hcmp 2174/2017): CHEN HO-CHENG (陳和成); 3rd Defendant (hcmp 2174/2017): CHEN CHUN-HAO (陳俊豪); 3rd Defendant (hca 735/2019): CHEN CHIEN-FU (陳建福); 4th Defendant (hcmp 2174/2017); 1st Defendant (hca 735/2019): FULLY HONG KONG LIMITED (富利香港有限公司); 5th Defendant (hcmp 2174/2017) (discontinued): LAM SEK KONG (林錫光); 6th Defendant (hcmp 2174/2017) Excused; 4th Defendant (hca 735/2019) Excused: THE REGISTRAR OF COMPANIES
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 July 2020
Case Number
HCA735/2019
Procedural Posture
HCMP 2174/2017 (companies Petition Re Validity of EGM Resolutions) and HCA 735/2019 (conventional Action) Heard Together; Stay Application / Case Management Hearing; Short Stay of HCA Ordered Pending Substantive Argument in Hcmp; Directions Given for Evidence and Setting Down
Outcome
Case management directions issued. Short stay of HCA 735/2019 granted pending determination of the Substantive Argument in HCMP 2174/2017; timetable for evidence and setting down fixed; liberty to apply preserved.
Legal Topics
Stay of Proceedings, Case Management, Quorum, Notice for Removal of Director (s.462 Companies Ordinance), Summary Determination
Source Language
EN
Companies Law Civil Procedure Judicial Case Management Stay of Proceedings Case Management Quorum Notice for Removal of Director (s.462 Companies Ordinance) Summary Determination

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Parties

CHEN PAO-TZU (陳保慈)

Plaintiff (hcmp 2174/2017); 2nd Defendant (hca 735/2019)

CHEN SHENG KUEI (陳生貴)

1st Defendant (hcmp 2174/2017); Plaintiff (hca 735/2019)

CHEN HO-CHENG (陳和成)

2nd Defendant (hcmp 2174/2017)

CHEN CHUN-HAO (陳俊豪)

3rd Defendant (hcmp 2174/2017)

CHEN CHIEN-FU (陳建福)

3rd Defendant (hca 735/2019)

FULLY HONG KONG LIMITED (富利香港有限公司)

4th Defendant (hcmp 2174/2017); 1st Defendant (hca 735/2019)

LAM SEK KONG (林錫光)

5th Defendant (hcmp 2174/2017) (discontinued)

THE REGISTRAR OF COMPANIES

6th Defendant (hcmp 2174/2017) Excused; 4th Defendant (hca 735/2019) Excused

Procedural Posture

HCMP 2174/2017 (companies Petition Re Validity of EGM Resolutions) and HCA 735/2019 (conventional Action) Heard Together; Stay Application / Case Management Hearing; Short Stay of HCA Ordered Pending Substantive Argument in Hcmp; Directions Given for Evidence and Setting Down

Legal Issues

  1. 1 Whether HCA 735/2019 should be stayed pending determination of HCMP 2174/2017
  2. 2 Whether HCMP 2174/2017 can be dealt with summarily and expeditiously
  3. 3 Whether the General Meeting was inquorate and whether special notice under s.462 was given

Ratio Decidendi

On the balance of convenience and fairness, and given the narrowed and potentially dispositive scope of the HCMP, the court exercised its case management powers to grant a short stay of the HCA pending determination of a substantive one-day argument in the HCMP and issued directions for evidence and setting down, thereby conserving resources and avoiding duplicative litigation.

Court Disposition

Case management directions issued. Short stay of HCA 735/2019 granted pending determination of the Substantive Argument in HCMP 2174/2017; timetable for evidence and setting down fixed; liberty to apply preserved.

Orders

  • Leave granted for the defendants in HCMP 2174/2017 to file evidence within 28 days from 6 July 2020
  • Leave for PT Chen to file evidence 21 days thereafter