Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appointment and validity of managers

Legal area

Court

20 Aug 2010

TO KIN WAH AND OTHER v. TO FOOK TIM AND OTHERS

Citation

TO KIN WAH AND OTHER v. TO FOOK TIM AND OTHERS
Court

Court of First Instance
Case number

HCA1603/2004

Evidence alleging gangster involvement by the managers was admissible because it was relevant to whether meetings and resolutions had unanimous support under Chinese law and custom; evidence alleging breach of trust, mismanagement or misappropriation was inadmissible because the amended sanitized pleadings abandoned hostile allegations and confined the live issues to the application of the surplus fund to secondary purposes, making the mismanagement/misappropriation evidence irrelevant.
16 Dec 2008

TO KAN CHI AND OTHERS v. TO KIN WAH AND OTHERS

Citation

TO KAN CHI AND OTHERS v. TO KIN WAH AND OTHERS
Court

Court of Appeal
Case number

CACV108/2008

The appeals were allowed by agreement between the parties and the court approved the agreed draft orders which consolidate HCMP 509 and HCA 1603 for joint trial, permit a sanctioned (sanitized) amendment to the statement of claim, extend pre-emptive costs protection to both sides in the procedural sense agreed, grant representation under Order 15 r 13 to bind all members including unborn/ascertained members, and direct that the agreed procedural timetable and costs below and of the appeals be paid from the t'ong's assets; the court emphasised the principles governing trustees' costs and the i…