Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Authority of company to sue

Legal area

Court

9 Nov 2010

CONFEDERATED ASSETS GROUP LTD (Incorporated In The British Virgin Islands) AND OTHERS v. NG KWOK CHING AND OTHERS

Citation

CONFEDERATED ASSETS GROUP LTD (Incorporated In The British Virgin Islands) AND OTHERS v. NG KWOK CHING AND OTHERS
Court

Court of First Instance
Case number

HCA188/2010

Applications to stay were dismissed because s.157 preserves the validity of directors' acts despite potential defects in their appointment, no clear present issue of lack of authority of CAGL to sue was demonstrated, and it would be inappropriate on case management grounds to stay the entire action where the 2nd and 3rd Plaintiffs have independent and valid claims.
21 Oct 2003

TONG HOK TAK, DAFFY AND OTHERS v. BEVERLY CONSULTANTS LTD AND OTHERS

Citation

TONG HOK TAK, DAFFY AND OTHERS v. BEVERLY CONSULTANTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2617/2003

The summons was dismissed because the BVI legal opinions, although dated after 1 August 2003, did not constitute matters occurring since the order that went to the validity of the Order as required by Order 45 r11; furthermore discretionary factors — imminent appeal hearing, absence of explanation for not producing the opinions earlier, and that the defendants' objections related to implementation rather than substance — warranted refusing a stay.