Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Board quorum

Legal area

Court

4 Jun 2019

YEUNG BING KWONG, KENNETH v. YEUNG PING LEUNG AND OTHERS

Citation

[2019] HKCFI 1465
Court

Court of First Instance
Case number

HCMP1455/2017

Article 41, read in its context and with business efficacy, authorises an inquorate Board to admit persons to the Board (ie appoint Voting Members as Board members to fill vacancies under Article 31) and not to admit Voting Members to the company generally under Article 7; accordingly the Originating Summons seeking directions to admit the plaintiff's son as a Voting Member or to compel Board action is dismissed.
17 Oct 2014

WONG PAK SUM v. HONG KONG FURNITURE & DECORATION TRADE ASSOCIATION LTD

Citation

WONG PAK SUM v. HONG KONG FURNITURE & DECORATION TRADE ASSOCIATION LTD
Court

Court of First Instance
Case number

HCMP2946/2013

The 3rd Summons was dismissed because the plaintiff lacked the statutory standing under s740 Cap 622 (not the required number of members) and failed to show special grounds to adduce the documents as new evidence on appeal; the 2nd Summons was dismissed as an abuse of process/subject to res judicata and, on the merits, because alternate directors were valid under the articles so the Board meeting was effective and the taxation proceedings were properly authorised; costs were ordered against the plaintiff on an indemnity basis to be summarily assessed with directions for summary assessment.