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Hong Kong Case Law

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Civil procedure [2018] HKCA 505

SYMPHONY PARTNERS LTD AND OTHERS v. FULLERTON BAY INVESTMENT LTD AND OTHERS

The Court of Appeal held that Order 59 r 14(3) is incidental to appellate jurisdiction, not a source of original jurisdiction, and refused leave to appeal.

  • Order 59 rule 14(3)
  • Section 14aa high court ordinance
  • Section 45 arbitration ordinance (s45(10))
  • Ex parte interlocutory appeals
  • Leave to appeal
  • Chabra order against non-party to arbitration
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Trusts [2018] HKCFI 194

張才奎所託管中國山水投資有限公司股份相關員工 AND OTHERS v. 張才奎 AND ANOTHER

The court discharged interim receivers over CSI shares after finding a major change of circumstances, including many plaintiffs had already sold and been paid for their interests.

  • Appointment and discharge of receivers
  • Conflicts of interest of receivers as directors
  • Shareholders' voting rights and split voting
  • Transfer of beneficial interests and spas
  • Non-disclosure of material facts to court
  • Champerty and maintenance
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Company law CHAN HUNG FOOK AND ANOTHER v. LO SUI LIN AND ANOTHER

CHAN HUNG FOOK AND ANOTHER v. LO SUI LIN AND ANOTHER

The court dismissed a strikeout application, appointed an interim receiver, and made no order on an EGM summons pending trial of a just and equitable winding-up petition.

  • Just and equitable winding up
  • Interim receivership
  • Strike out application
  • Section 570 companies ordinance (court-ordered meeting)
  • Loss of substratum
  • Removal of director
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Civil procedure WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS

The Court of Appeal refused leave to appeal against the dismissal of an application for interim receivers, holding there was no reasonable prospect of success.

  • Interim receivership
  • Leave to appeal
  • Dissipation of assets
  • Constructive trust
  • Fiduciary duties
  • Costs
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Company law 張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER

張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER

The court dismissed a further leave-to-appeal application in a shareholders’ receivership dispute, finding it repetitive, obstructive, and an abuse of process.

  • Receivership powers
  • Preservation of assets
  • Abuse of process
  • Leave to appeal
  • Interim relief
  • Vexatious interlocutory litigation
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Company law TIONG KING SING v. SAM BOON PENG YEE AND ANOTHER

TIONG KING SING v. SAM BOON PENG YEE AND ANOTHER

The court dismissed applications for receivership and injunctions over company shares and assets, holding that the applicant had not shown a sufficient change in circumstances or real risk of dissipation.

  • Rescission for fraud
  • Specific performance
  • Mareva injunction
  • Appointment of receiver and manager
  • Constructive trust
  • Disclosure and inspection
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Civil procedure BAKER & MCKENZIE (A FIRM) v. THE GRANDE HOLDINGS LTD AND OTHERS

BAKER & MCKENZIE (A FIRM) v. THE GRANDE HOLDINGS LTD AND OTHERS

The court held there were no triable issues in a solicitor’s costs dispute, ordered taxation on a solicitor-client basis, and granted partial interim payment.

  • Taxation of costs
  • Interim payment
  • Mareva injunction
  • Receivership
  • Disclosure orders
  • Solicitor negligence
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Civil procedure MACAU FIRST UNIVERSAL INTERNATIONL LTD v. DING XIAOHONG AND OTHERS

MACAU FIRST UNIVERSAL INTERNATIONL LTD v. DING XIAOHONG AND OTHERS

Interim stay of a receivership order refused. The Court found no urgency, little merit in the appeal grounds, and held the balance of convenience favoured leaving the order in place.

  • Stay of execution
  • Receivership and managers
  • Jurisdiction over foreign non‑parties
  • Variation and clarification of court orders
  • Breach of injunction
  • Balance of convenience
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Company law CENKY LTD v. ZEALOT & CO LTD AND ANOTHER

CENKY LTD v. ZEALOT & CO LTD AND ANOTHER

The court dismissed a strike-out to preserve a company dispute for trial and appointed interim receivers to protect assets pending resolution of share ownership.

  • Interim receivership
  • Locus standi/membership
  • Validity of share transfers
  • Reconstituted register of members
  • Strike out application
  • Undertaking as to damages
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Company law MARDARIN RESOURCES CORPORATION LTD v. DAVID CHENG HENG SOON AND OTHERS

MARDARIN RESOURCES CORPORATION LTD v. DAVID CHENG HENG SOON AND OTHERS

The Court of Appeal continued an interim receivership over shares in Markle Land Limited to preserve value pending trial in a fraud-related dispute.

  • Appointment of receiver
  • Interim receivership
  • Proprietary interest
  • Issue estoppel
  • Requisitioning egm
  • Mareva injunction
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.