ZHI, CHARLES v. SANDMARTIN INTERNATIONAL HOLDINGS LTD AND OTHERS

ZHI, CHARLES v. SANDMARTIN INTERNATIONAL HOLDINGS LTD AND OTHERS

The petition was struck out because it was not supported by the required verifying affidavit, contained serious allegations that were bare and lacking required particulars rendering the petition scandalous, vexatious and an abuse of process, and because the petitioner failed to satisfy the statutory membership requirement under s.179(1)(a) Cap 32; on these grounds dismissal was plain and obvious.

Citation
ZHI, CHARLES v. SANDMARTIN INTERNATIONAL HOLDINGS LTD AND OTHERS
Parties
Petitioner: ZHI, CHARLES; 1st Respondent: Sandmartin International Holdings Limited; 2nd Respondent: Hung Tsung Chin; 3rd Respondent: Chen Me Huei; 4th Respondent: Liao Wen I; 5th Respondent: Frank Karl-Heinz; 6th Respondent: Chen Wei Chun; 7th Respondent: Han Chien Shan; 8th Respondent: Wu Chia Ming; 9th Respondent: Li Chak Hung; 10th Respondent: Hung Chih Chun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 April 2017
Case Number
HCCW90/2017
Procedural Posture
Winding Up Petition (companies) / Application to Strike Out Petition Decided in Chambers
Outcome
Petition struck out and proceedings dismissed; related summons dismissed; costs to be determined
Legal Topics
Unfairly Prejudicial Conduct, Strike Out, Particulars and Pleading, Verifying Affidavit, Statutory Standing, Mandatory General Offer
Source Language
EN
Company Law Insolvency Law Civil Procedure Criminal Law Unfairly Prejudicial Conduct Strike Out Particulars and Pleading Verifying Affidavit +2 more

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Parties

ZHI, CHARLES

Petitioner

Sandmartin International Holdings Limited

1st Respondent

Hung Tsung Chin

2nd Respondent

Chen Me Huei

3rd Respondent

Liao Wen I

4th Respondent

Frank Karl-Heinz

5th Respondent

Chen Wei Chun

6th Respondent

Han Chien Shan

7th Respondent

Wu Chia Ming

8th Respondent

Li Chak Hung

9th Respondent

Hung Chih Chun

10th Respondent

Procedural Posture

Winding Up Petition (companies) / Application to Strike Out Petition Decided in Chambers

Legal Issues

  1. 1 Whether the petition disclosed a reasonable cause of action
  2. 2 Whether the petition was scandalous, frivolous, vexatious or embarrassing and an abuse of process
  3. 3 Whether the petition complied with the Rule 26 verifying affidavit requirement

Ratio Decidendi

The petition was struck out because it was not supported by the required verifying affidavit, contained serious allegations that were bare and lacking required particulars rendering the petition scandalous, vexatious and an abuse of process, and because the petitioner failed to satisfy the statutory membership requirement under s.179(1)(a) Cap 32; on these grounds dismissal was plain and obvious.

Court Disposition

Petition struck out and proceedings dismissed; related summons dismissed; costs to be determined

Orders

  • Strike out the Petition and dismiss the proceedings
  • Dismiss the Summons dated 18 April 2017