Hong Kong Case Law: Decisions & Judgments

Topic

Amendment of petitions

Legal area

Court

31 Jul 2023

GENG HUA ZHONG AND OTHERS v. LI SHU HON AND ANOTHER

Citation

[2023] HKCFI 2080
Court

Court of First Instance
Case number

HCCW431/2021

The court exercised its discretion to allow the petitioners to amend their petitions but disallowed the specific proposed amendments that sought to introduce new complaints about alleged off‑record transactions because those matters were not clearly shown to constitute just and equitable grounds for winding up and appeared to belong to defence/evidence rather than new petitioning grounds.
13 Jan 2017

RE HIN-PRO INTERNATIONAL LOGISTICS LTD

Citation

RE HIN-PRO INTERNATIONAL LOGISTICS LTD
Court

Court of Appeal
Case number

CACV54/2016

The application for leave to appeal to the Court of Final Appeal was dismissed because none of the five questions raised met the established test for leave: they were not questions of great general or public importance determinative of the appeal, the Eshelby/relation-back issue did not present a GPI question in this insolvency context, Re Richbell presented no basis for divergence, and exceptional leave under s22(2)(b) was not made out; costs were awarded to the respondent and assessed on a gross sum basis at HK$106,747.
23 Mar 2015

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS

Citation

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS
Court

Court of First Instance
Case number

HCCW463/2012

The Court struck out the winding-up petitions against CY Macao and CY Mauritius for failure to plead and establish sufficient connection with Hong Kong under s.327 and because there was no realistic prospect of establishing jurisdiction; the Court struck out the winding-up prayers in the five Hong Kong company petitions because, on the evidence, there was no real prospect of a winding-up order where buy-out relief was available and the respondents could reasonably be expected to finance a buy-out; the amendment substituting buy-out orders for reinstatement was permitted but costs up to the da…
23 Mar 2015

YUNG YUI KWAI AND ANOTHER v. YUNG WOON KWAI AND OTHERS

Citation

YUNG YUI KWAI AND ANOTHER v. YUNG WOON KWAI AND OTHERS
Court

Court of First Instance
Case number

HCCW469/2012

The Court struck out the winding‑up petitions against CY Macao and CY Mauritius for failure to plead or establish the s.327 jurisdictional criteria and because there was no realistic prospect of establishing sufficient connection such that Hong Kong insolvency regime should be engaged; the Court struck out the winding‑up prayers in the five Hong Kong company petitions because, on the evidence, there was no realistic prospect that a winding‑up order would be made where a buy‑out was the appropriate and viable remedy and respondents were able to raise finance; the amendment summons to convert r…
23 Mar 2015

YUNG WOON KWAI AND ANOTHER v. YUNG YUI KWAI AND ANOTHER

Citation

YUNG WOON KWAI AND ANOTHER v. YUNG YUI KWAI AND ANOTHER
Court

Court of First Instance
Case number

HCMP2569/2009

The court struck out the winding-up petitions against the foreign companies (CY Macao and CY Mauritius) for failure to plead or establish sufficient connection with Hong Kong to justify jurisdiction under s.327 and for no realistic prospect of establishing jurisdiction; the court also struck out the winding-up prayers in relation to five Hong Kong companies because, on the evidence, there was no real prospect of a winding-up order given solvent status, the availability and practicability of buy-out relief and the respondents' apparent ability to fund a buy-out; the amendment summons to substi…
23 Mar 2015

YUNG HUNG CHUN LAWRENCE v. YUNG WAI YU PATRICIA AND ANOTHER

Citation

YUNG HUNG CHUN LAWRENCE v. YUNG WAI YU PATRICIA AND ANOTHER
Court

Court of First Instance
Case number

HCCW464/2012

The court struck out the petitions against the two foreign companies (CY Macao and CY Mauritius) for failing to plead and/or demonstrate the s327 jurisdictional criteria and for lacking a real connection with Hong Kong; the court struck out the winding-up prayers in respect of the five Hong Kong companies because on the evidence there was no realistic prospect of a winding-up order (solvent companies, viable buy-out alternative and ability of majority shareholders to procure a buy-out); the amendment to substitute buy-out relief for director reinstatement was permitted but costs consequences…
23 Mar 2015

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS

Citation

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS
Court

Court of First Instance
Case number

HCMP1686/2009

The court struck out the winding-up petitions against CY Macao and CY Mauritius for failure to plead and demonstrate the statutory jurisdictional criteria under s327 and for lack of a sufficient Hong Kong connection; it struck out the winding-up prayers in the five Hong Kong company petitions as having no realistic prospect of success because the companies are solvent and a buy-out by majority shareholders is a viable, commercial alternative; it allowed amendment of the unfair prejudice petitions to seek buy-out relief but ordered YYK to pay costs of the proceedings to date.
23 Mar 2015

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS

Citation

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS
Court

Court of First Instance
Case number

HCCW465/2012

The petitions to wind up CY Mauritius and CY Macao are struck out for failing to plead and substantiate the s327 criteria and for lacking sufficient connection with Hong Kong; the winding-up prayers in the five Hong Kong company petitions have no realistic prospect of success because the companies are solvent and a buy-out order is the appropriate and practicable remedy (respondents likely able to raise funds and petitioners not at real risk of an unenforceable judgment); the amendment to substitute buy-out relief for reinstatement is allowed but costs up to the date of the order are awarded…
23 Mar 2015

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS

Citation

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS
Court

Court of First Instance
Case number

HCCW468/2012

The court struck out the winding-up petitions against the foreign companies (CY Macao and CY Mauritius) for failure to plead or demonstrate a sufficient connection with Hong Kong to justify exercising s327 jurisdiction and, on the evidence, there was no reasonable prospect of establishing such a connection; the court also struck out the winding-up prayers in the five Hong Kong company petitions because the companies were solvent, respondents could and would be expected to procure a buy-out and there was no realistic prospect of a winding-up order; leave to amend unfair prejudice petitions to…
23 Mar 2015

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS

Citation

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS
Court

Court of First Instance
Case number

HCCW466/2012

The Court struck out the winding-up petitions against the foreign companies (CY Macao and CY Mauritius) because the petitions failed to plead and could not reasonably establish the requisite substantial connection with Hong Kong under s327; the Court also struck out the winding-up prayers in the Hong Kong petitions because, on the evidence, there was no realistic prospect of a winding-up order (companies solvent and buy-out practicable); the amendment summons substituting buy-out relief for director reinstatement was granted but costs up to the date of the order were awarded to the respondent…