Hong Kong Case Law: Decisions & Judgments

Topic

Accounting for dividends

Legal area

Court

4 Jul 2019

已故鄧劍如的遺產管理人鄧浩泓對鄧群德

Citation

[2019] HKCFI 1665
Court

Court of First Instance
Case number

HCMP1254/2017

Given the statutory powers and applicable precedents, and because the defendant wilfully failed to comply with the 2 October 2018 order without any viable defence for about nine months, the Court will appoint a High Court judicial officer to sign the necessary transfer documents, order production of an affidavit accounting for accumulated dividends and award costs to the plaintiff on an indemnity basis.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE AUCTIONEERS LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2012/2009

The court stayed the subsidiary company actions pending determination of the Probate Action because the Probate Action directly raises the primary question of legal and beneficial ownership of the deceased's shares; resolution of that question is determinative of the plaintiff's claims for registration and for an account of dividends and therefore a stay is appropriate.
16 Oct 2015

LI MIAOLI AND OTHERS v. CHAN SHU FONG AND ANOTHER

Citation

LI MIAOLI AND OTHERS v. CHAN SHU FONG AND ANOTHER
Court

Court of First Instance
Case number

HCA845/2011

The court preferred the plaintiffs\' evidence and found Shu Fong not credible on key factual points; there was insufficient evidence of a gift or of the representations and reliance required for proprietary estoppel; consequently the legal and beneficial ownership of the shares remains in the father\'s estate and Shu Fong must account for dividends (subject to specified deductions and interest).
6 Jun 2008

WAN HOW WAN v. THE LUK HOI TONG CO LTD

Citation

WAN HOW WAN v. THE LUK HOI TONG CO LTD
Court

Court of Appeal
Case number

CACV418/2007

The defendant was entitled to withhold payment of dividends until the plaintiff became a registered shareholder because dividends are payable only to registered members and no court order or settlement created an obligation on the defendant to pay prior to registration; transfer requires a proper instrument from the personal representative and the appropriate remedy for transfer must be pursued separately; therefore the claim for an account of dividends was premature and the appeal fails.

Hong Kong Case Law

已故鄧劍如的遺產管理人鄧浩泓 對 鄧群德

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE AUCTIONEERS LTD

LI MIAOLI AND OTHERS v. CHAN SHU FONG AND ANOTHER

WAN HOW WAN v. THE LUK HOI TONG CO LTD

已故鄧劍如的遺產管理人鄧浩泓對鄧群德